Home » Bill Would Restore “10-20-Life” Enhancements for Using Firearm in Violent Crime

Bill Would Restore “10-20-Life” Enhancements for Using Firearm in Violent Crime

by CC News

SACRAMENTO, Calif. – Assemblyman Bill Essayli joined law enforcement officials and his legislative colleagues at a press conference announcing legislation to stop California’s crime spree.

“My community has suffered tremendous tragedy, losing two Riverside County Deputy Sheriffs in just two weeks. And in 2021 California saw its most deadly year since 2007 with 2,361 homicides. Three-quarters of those deaths were from firearms, and three-quarters of those victims were Black and Latino. California’s crime spree is a result of California’s soft-on-crime policies, and we must change that,” remarked Assemblyman Bill Essayli.

“We’re still mourning the recent mass shootings in Monterey Park and Half Moon Bay. We must do more than mourn–we must ask why does Governor Newsom and our legislature insist on protecting the criminals who commit these heinous acts? If we are serious about stopping crime, and we’re serious about gun crimes, we need to have serious consequences. And that’s why I introduced AB 328 today. This bill will reinstate the 20-to-life statutory minimum for using a firearm in a violent crime. We don’t need more gun control; we need crime control, and AB 328 is a first step to hold these criminals accountable,” added Essayli.

Under AB 328

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.
Note:
  • 10 yrs: Having a gun while committing a crime
  • 20 yrs-life: Using a gun while committing a crime
  • 25 yrs-life: Using a gun to hurt someone during a crime

Overview of the Bills

Assembly Republicans joined with law enforcement officials from around the state today to announce legislation to stop the wave of crime hurting Californians’ quality of life. With violent crime increasing 6% in a year and high-profile property crimes shaking people’s sense of safety, California needs a new direction to protect and enhance public safety.

AB 27 – Sentencing Enhancements – Exempts firearms use-related sentencing enhancements from a current law requirement judges must dismiss a sentencing enhancement if it is “in the furtherance of justice.” Instead provides that a judge would not be required to dismiss the enhancements for criminal defendants who commit felonies while armed with, or while using, firearms during the commission of a felony, ensuring these criminals will serve longer sentences. Author: Assemblyman Tri Ta

AB 75 – Restore Pre-Prop 47 Serial Shoplifting Penalty– Increase the penalty for petty theft with multiple prior theft-related convictions. This change requires approval by the voters. Author: Assemblyman Josh Hoover

AB 88 – Notify Crime Victims of Parole Hearings – Requires a District Attorney to notify crime victims and their family members if they will not be sending a representative to attend a parole hearing. Legal representation at these hearings is paramount in ensuring that dangerous criminals remain behind bars and away from our communities. Author: Assemblywoman Kate Sanchez (More info)

AB 303 – APPS Reform – Requires the California Attorney General’s Office to share any investigative reports and notes on individuals on the Armed & Prohibited Persons System (APPS) with local law enforcement agencies. Author: Assemblywoman Laurie Davies

AB 328 Gun Violence – Restore mandatory of 10-20-Life firearms enhancements: This will ensure that anyone who brandishes, discharges, or inflicts great bodily injury with a firearm during the commission of a violent felony will be held accountable. Author: Assemblyman Bill Essayli

AB 330 – Domestic Violence Resource Website – Requires the Office of Emergency Services to host and update a website with resources for victims of domestic violence. Author: Assemblywoman Diane Dixon

AB 335 – Repeal Prop 47 – Our businesses and communities are hurting. By repealing Prop 47, we can ensure our businesses and communities know that California law enforcement has their back and will continue to use all tools available to protect and serve. Author: Assemblyman Juan Alanis

Criminal Street Racing and Side Shows Surveillance – Current law requires law enforcement to observe criminal street racing and side shows in person, also interpreted as live via surveillance equipment, in order to legally seize these vehicles. With limited resources and reduced staffing levels, many of these crimes go unanswered. By expanding law to allow law enforcement to use recorded surveillance footage, agencies can keep up with the growing trend of dangerous street racing and side shows in our neighborhoods. Author: Assemblyman Juan Alanis

Criminal Justice Report – Requires the LAO to compose a 10 year report following the passage of AB 109 (2011) to include rehabilitation data, funding and staffing for counties, and rehabilitation programming options. Author: Assemblyman Tri Ta

CDCR Secret Credits Transparency – Inmates are being released early via a secret credit system without transparency to District Attorneys and victims. This new legislation would require the California Department of Corrections and Rehabilitation (CDCR) to notify District Attorneys of credit calculations in advance with a minimum 30 day notice and avenue for the DA to respond before release. Author: Assemblyman Joe Patterson

Increase Penalty for Fentanyl Dealers – Increase penalties for possession for sale, sale, transportation, and importation of fentanyl, which was responsible for nearly 6,000 overdose deaths in California in 2021. Joint Authors: Assemblyman Jim Patterson, Assemblyman Juan Alanis, Assemblyman Josh Hoover

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2 comments

Former Resident January 31, 2023 - 1:18 pm

If there is no threat of incarceration,
there is no deterrence to criminal behavior

Jack Toffmore January 31, 2023 - 6:59 pm

Stiff penalties for Criminal acts committed against other while using a gun and harsh fentanyl sentencing are something we should all be able to agree on regardless of party affiliation

Comments are closed.