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.begin delete Theend deletebegin insert Existing law requires theend insert reasons for the dismissalbegin delete are requiredend delete to be set forth in an order entered upon the minutes.
This bill wouldbegin delete giveend deletebegin insert requireend insert the judge or magistratebegin delete the option of either statingend deletebegin insert
to stateend insert the reasons for the dismissalbegin insert orallyend insert on the recordbegin delete or settingend deletebegin insert and to setend insert forth the reasons for the dismissal in an order entered upon the minutesbegin insert if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporterend insert. 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,
P2 1and in furtherance of justice, order an action to be dismissed. The
2reasons for the dismissal shall be statedbegin insert orallyend insert on the recordbegin delete orend delete
3begin insert andend insert set forth in an order entered upon the minutesbegin insert if requested by
4either party or in any case in which the proceedings are not being
5
recorded electronically or reported by a court reporterend insert. A dismissal
6shall not be made for any cause that would be ground of demurrer
7to the accusatory pleading.
8(b) This section does not authorize a judge to strike any prior
9conviction of a serious felony for purposes of enhancement of a
10sentence under Section 667.
11(c) (1) If the court has the authority pursuant to subdivision (a)
12to strike or dismiss an enhancement, the court may instead strike
13the additional punishment for that enhancement in the furtherance
14of justice in compliance with subdivision (a).
15(2) This subdivision does not authorize the court to strike the
16additional punishment for any enhancement that cannot be stricken
17or
dismissed pursuant to subdivision (a).
O
98