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 thebegin delete record andend deletebegin insert record. The bill would also require the courtend insert 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 1385 of the Penal Code is amended to
2read:
(a) The judge or magistrate may, either of his or her
2own motion or upon the application of the prosecuting attorney,
3and in furtherance of justice, order an action to be dismissed. The
4reasons for the dismissal shall be stated orally on thebegin delete record andend delete
5begin insert record. The court shall alsoend insert set forthbegin insert the reasonsend insert in an order
6entered upon the minutes if requested by either party or in any
7case in which the proceedings are not being
recorded electronically
8or reported by a court reporter. A dismissal shall not be made for
9any cause that would be ground of demurrer to the accusatory
10pleading.
11(b) This section does not authorize a judge to strike any prior
12conviction of a serious felony for purposes of enhancement of a
13sentence under Section 667.
14(c) (1) If the court has the authority pursuant to subdivision (a)
15to strike or dismiss an enhancement, the court may instead strike
16the additional punishment for that enhancement in the furtherance
17of justice in compliance with subdivision (a).
18(2) This subdivision does not authorize the court to strike the
19additional punishment for any enhancement that cannot be stricken
20or
dismissed pursuant to subdivision (a).
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