BILL NUMBER: SB 1222	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 20, 2014

   An act to amend Section 1385 of the Penal Code, relating to
dismissal.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1222, as introduced, Block. Dismissal: criminal action.
   Existing law authorizes the judge or magistrate, either of his or
her own motion or upon the application of the prosecuting attorney,
and in furtherance of justice, to order a criminal action to be
dismissed. The reasons for the dismissal are required to be set forth
in an order entered upon the minutes.
   This bill would give the judge or magistrate the option of either
stating the reasons for the dismissal on the record or setting forth
the reasons for the dismissal in an order entered upon the minutes.
The bill would also make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1385 of the Penal Code is amended to read:
   1385.  (a) The judge or magistrate may, either of his or her own
motion or upon the application of the prosecuting attorney, and in
furtherance of justice, order an action to be dismissed. The reasons
for the dismissal  must be   shall be stated on
the record or  set forth in an order entered upon the minutes.
 No   A  dismissal shall  not  be
made for any cause  which   that  would be
ground of demurrer to the accusatory pleading.
   (b) This section does not authorize a judge to strike any prior
conviction of a serious felony for purposes of enhancement of a
sentence under Section 667.
   (c) (1) If the court has the authority pursuant to subdivision (a)
to strike or dismiss an enhancement, the court may instead strike
the additional punishment for that enhancement in the furtherance of
justice in compliance with subdivision (a).
   (2) This subdivision does not authorize the court to strike the
additional punishment for any enhancement that cannot be stricken or
dismissed pursuant to subdivision (a).