Sentencing: dismissal of enhancements.
If enacted, AB 328 will reinforce existing penalties for specified felonies by ensuring that enhancements cannot be dismissed unless certain criteria are met, such as if the firearm was unloaded or not personally handled by the individual. This change is anticipated to strengthen penalties and judicial responses to gun-related crimes, potentially resulting in a more rigorous legal framework for dealing with violent offenses involving firearms. Its enactment would centralize adjudication around firearms use and enhance the consistency of sentences given for firearms-related offenses.
Assembly Bill 328, introduced by Assembly Member Essayli, proposes amendments to Sections 1385 and 12022.53 of the Penal Code, which deal with sentencing and the dismissal of enhancements related to firearms offenses. The bill establishes more stringent rules concerning the dismissal of specified enhancements for firearms-related felonies. Previously, courts had the authority to dismiss certain enhancements in the interest of justice. However, AB 328 prohibits courts from dismissing enhancements in specified firearms-related cases, notably when a person personally uses or discharges a firearm during the commission of certain felonies.
The proposed bill has raised discussions regarding public safety and judicial discretion. Proponents argue that it will strengthen deterrents against gun violence and enhance accountability for firearm usage in crime. Conversely, opponents worry that it could limit judicial discretion in sentencing, preventing courts from considering individual circumstances that may warrant leniency in particular cases. This tension reflects broader debates surrounding gun control, public safety, and criminal justice reform in California.