Sentencing: dismissal of enhancements.

Existing law prescribes certain criminal sentencing enhancements that increase the term of imprisonment for specified criminal offenses committed under circumstances, including those committed using a firearm, those committed for the benefit of a criminal street gang, and those committed by a repeat offender. Existing law requires a sentencing court to dismiss an enhancement if, after considering specified mitigating circumstances, the court determines that it is in the furtherance of justice to do so. This bill would instead allow, but would not require, a sentencing court to dismiss an enhancement if the court determines that it is in the furtherance of justice to do so. Existing law requires a court, in exercising its discretion to dismiss an enhancement, to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances exist, including the allegation of multiple enhancements in a single case and that the application of an enhancement could result in a sentence of over 20 years. Existing law requires the dismissal of all enhancements beyond a single enhancement and the dismissal of all enhancements when the resulting sentence is over 20 years. This bill would remove the requirement to dismiss enhancements in the above instances. The bill would make technical, nonsubstantive changes. By increasing the penalty for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.