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.
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.