BILL NUMBER: SB 1222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  MAY 22, 2014

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 amended, 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. Existing law requires the reasons for the dismissal to be
set forth in an order entered upon the minutes.
   This bill would require the judge or magistrate to state the
reasons for the dismissal orally on the  record and 
 record. The bill would also require the court  to set
forth the reasons for the dismissal in an order entered upon the
minutes if requested by either party or in any case in which the
proceedings are not being recorded electronically or reported by a
court reporter. 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 shall be stated orally on the  record and
  record. The court shall also  set forth  the
reasons  in an order entered upon the minutes if requested by
either party or in any case in which the proceedings are not being
recorded electronically or reported by a court reporter. A dismissal
shall not be made for any cause 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).