AB 1509

Over the next few weeks i’m going to do my best to post updates about amazing pending legislation right now. Today is AB1509 . If passed, this bill reduces 10/20/25yr gun enhancements to 1/2/3 years. Wait what?! and it’s retroactive. and retroactivity isn’t just a hearing for a judge to exercise discretion to say no. it’s like retroactive retroactive. bye gun enhancement CTS retroactive. 🤞🙏following this one closely.

In its beauty:

AB 1509, as introduced, Lee.

Enhancements: firearms.

Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony, being armed with a firearm during the commission of a street gang crime, as defined, being armed with ammunition designed to penetrate armor during the commission of a felony, furnishing a firearm to another for the purpose of aiding, abetting, or enabling that person to commit a felony, using a firearm during the commission of a felony, and the infliction of great bodily injury on any other person during the commission of a felony. This bill would repeal those enhancements and make conforming changes.

Existing law imposes a sentence enhancement in the state prison of 10 years for personally using a firearm in the commission of specified felonies, 20 years for personally and intentionally discharging a firearm in the commission of those felonies, and 25 years to life for personally and intentionally discharging a firearm and causing great bodily injury or death to any other person during the commission of those felonies.This bill would reduce those enhancements to 1, 2, and 3 years, respectively.

Existing law imposes a sentence enhancement of 5, 6, or 10 years in the state prison for, with intent to inflict great bodily injury or death, discharging a firearm from a motor vehicle in the commission of a felony and inflicting great bodily injury or death in the commission of a felony.This bill would reduce that enhancement to 1, 2, or 3 years in the state prison.

This bill would additionally authorize a person serving a term for those provisions as they read on or before December 31, 2021, to petition the court for a recall of sentence and to request resentencing in accordance with these changes.

Published by Jenny Brandt

About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it.

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