Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.

Statutes affected:
SB81: 26805 PEN
12/15/20 - Introduced: 26805 PEN
02/08/21 - Amended Senate: 1385 PEN, 26805 PEN
03/23/21 - Amended Senate: 1385 PEN
04/08/21 - Amended Senate: 1385 PEN
04/27/21 - Amended Senate: 1385 PEN
07/01/21 - Amended Assembly: 1385 PEN
08/30/21 - Amended Assembly: 1385 PEN
09/13/21 - Enrolled: 1385 PEN
10/08/21 - Chaptered: 1385 PEN
SB 81: 26805 PEN