On October 11, 2017, Governor Brown signed SB 620 into law. SB 620 deletes the prohibition on striking an allegation or finding of firearm use and, instead, allows the judge, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss a firearm enhancement otherwise required to be imposed by law. The net result is the potential for a much lower sentence if the judge decides to exercise his or her discretion and strike those firearm enhancements.
Prior to the passage of SB 620, the law required that a person who personally uses a firearm in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Also, the law required that a person who personally uses an assault weapon or a machinegun in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. Furthermore, the law required a person who personally uses a firearm to commit certain specified violent felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if he or she discharged the firearm, or for 25 years to life if he or she discharged the firearm and proximately causes great bodily injury or death. Prior to the passage of SB 620, judges lacked authority to strike these firearm enhancements at the time of sentencing.
A copy of the text of SB 620 is contained below:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB620
If you have questions about how this new law could affect your case, contact Chambers Law Firm today for a free consultation. We are here to help you.
