California 2023-2024 Regular Session Status: In Committee 10 R cosponsors

AB 328 — Sentencing: dismissal of enhancements.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would also prohibit a court from dismissing specified firearms-related enhancements. Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if the person discharged the firearm, or for 25 years to life if the person discharged the firearm and proximately caused great bodily injury or death. Existing law authorizes a court, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by that law. This bill would prohibit a court from striking an allegation or a finding that would make a crime punishable pursuant to those enhancement provisions, except that a court could strike or dismiss an enhancement when the person did not personally use or discharge the firearm or when the firearm was unloaded.

Bill Text

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1 added · 1 removed

1 line(s) added, 1 removed.

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Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Reconsideration refused.

  3. In committee: Set, first hearing. Failed passage.

  4. Referred to Com. on PUB. S.

  5. From printer. May be heard in committee March 2.

  6. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on · 4 voted No

Sponsors (1)

  • Essayli

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety
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Frequently asked questions

What does AB 328 do?
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would also prohibit a court from dismissing specified firearms-related enhancements. Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if the person discharged the firearm, or for 25 years to life if the person discharged the firearm and proximately caused great bodily injury or death. Existing law authorizes a court, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by that law. This bill would prohibit a court from striking an allegation or a finding that would make a crime punishable pursuant to those enhancement provisions, except that a court could strike or dismiss an enhancement when the person did not personally use or discharge the firearm or when the firearm was unloaded.
Who sponsors AB 328?
AB 328 is sponsored by Essayli, Alanis, Juan (Republican), Chen, Phillip (Republican), Dahle, Megan (Republican), Davies, Laurie (Republican), Flora, Heath (Republican), Gallagher, James (Republican), Lackey, Tom (Republican), Mathis, Patterson, Joe (Republican), Waldron, Dahle, Ochoa Bogh, Rosilicie (Republican), and Seyarto, Kelly (Republican).
What is the current status of AB 328?
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 328?
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Last checked for changes 3 months ago · updated continuously

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