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 1385 of the Penal Code is amended to
2read:
(a) The judge or magistrate may, either of his or her
4own motion or upon the application of the prosecuting attorney,
5and in furtherance of justice, order an action to be dismissed. The
6reasons for the dismissalbegin delete must beend deletebegin insert shall be stated on the record orend insert
7 set forth in an order entered upon the minutes.begin delete Noend deletebegin insert Aend insert dismissal shall
8begin insert notend insert be made for any
causebegin delete whichend deletebegin insert thatend insert would be ground of demurrer
9to the accusatory pleading.
P2 1(b) This section does not authorize a judge to strike any prior
2conviction of a serious felony for purposes of enhancement of a
3sentence under Section 667.
4(c) (1) If the court has the authority pursuant to subdivision (a)
5to strike or dismiss an enhancement, the court may instead strike
6the additional punishment for that enhancement in the furtherance
7of justice in compliance with subdivision (a).
8(2) This subdivision does not authorize the court to strike the
9additional punishment for any enhancement that cannot be stricken
10or dismissed pursuant to subdivision (a).
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