Criminal law: violations punishable in multiple ways.
If enacted, this bill would provide judges with more discretion in sentencing, enabling them to choose from multiple potential sentences based on the specific circumstances of the case. Advocates of the bill argue that this flexibility might lead to fairer outcomes for defendants, who could benefit from a more tailored approach to their sentencing, rather than being strictly bound by the harshest provision available.
Assembly Bill No. 2154, introduced by Assembly Member Wicks on February 10, 2020, seeks to amend Section 654 of the Penal Code. The current law mandates that acts or omissions that can be punished in multiple ways under different laws are to be punished under the law that carries the longest potential term of imprisonment. AB2154 proposes a significant change by allowing such acts to be punishable under either provision available, rather than solely the one with the longest term.
The proposal has potential points of contention, particularly concerning how it might impact the consistency and predictability of sentencing across similar offenses. Critics may argue that it could create disparities and undermine the law's intent to enforce stricter punishments for severe violations. Additionally, there may be concerns regarding how this change could affect victims' perceptions of justice and the authority of the law in deterring criminal behavior.