BILL NUMBER: AB 2447	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 15, 2000

INTRODUCED BY   Assembly Members Wright and Washington
   (Coauthors: Assembly Members Cedillo, Vincent, and Wesson)
   (Coauthors: Senators Hughes and Murray)

                        FEBRUARY 24, 2000

   An act to amend  Sections 667 and 1170.12  
Section 1385  of the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2447, as amended, R. Wright.  Sentencing:  3 strikes. 
   Existing law authorizes a judge or magistrate to dismiss a prior
conviction allegation in the furtherance of justice.  The Three
Strikes law requires that a person convicted of a felony who has one
or more prior serious or violent felony convictions, as defined, must
be sentenced under the proscribed enhanced sentencing scheme.  The
California Supreme Court has interpreted these statutes to authorize
the trial court to dismiss a prior conviction allegation in
furtherance of justice on its own motion in a case brought under the
Three Strikes law.  In making this determination, the trial court is
required to consider both the constitutional rights of the defendant
and the interests of society represented by the People, including the
defendant's background, the nature and circumstances of the
defendant's present and prior felony convictions, and the particulars
of his or her background, character, and prospects.
   This bill would direct a judge, when determining whether to strike
a prior conviction under the Three Strikes law, to consider both the
constitutional rights of the defendant and the interests of society
represented by the People, including the nature and circumstances of
the defendant's present felonies and prior serious and violent felony
convictions, and the particulars of the defendant's background,
character, and prospects.  The bill would require the court to place
great weight in favor of striking a prior conviction if the present
felony conviction is not a violent or serious felony as defined.
   This bill would also state the intent of the Legislature that
courts continue to exercise sentencing discretion as specified. 

   (1) Existing law, added by 2 initiative statutes, prescribes an
indeterminate term enhancement of life imprisonment for any person
convicted of a felony who has 2 or more prior violent or serious
felony convictions, as defined.  Existing law provides that the
minimum term of this enhancement shall be served consecutively and is
3 times the term otherwise provided for the current offense, 25
years, or the term calculated by the court pursuant to existing
determinate sentencing provisions, whichever is greater.  These
initiative statutes provide that any amendment of their provisions
shall require a 2/3 vote of the membership of each house.
   (2) This bill would provide that this enhancement shall apply only
if a defendant's current conviction is for a violent or serious
felony or offense, as defined. 
   Vote:   2/3   majority  .
Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:  no.


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

  
  SECTION 1.  Section 667 of the Penal Code is  
  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 set forth in an order entered upon the
minutes.  No dismissal shall be made for any cause which 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) In determining whether to strike a prior conviction under
subdivisions (b) to (i), inclusive, of Section 667, or Section
1170.12, a judge shall consider both the constitutional rights of the
defendant, and the interests of society represented by the People.
The judge shall consider the nature and circumstances of the
defendant's present felonies and prior serious or violent felony
convictions, and the particulars of his or her background, character,
and prospects.  Great weight in favor of striking a prior conviction
shall be given if the present felonies are not violent or serious
felonies, as defined in subdivision (c) of Section 667.5 and
subdivision (c) of Section 1192.7.   
  SEC. 2.  It is the intent of the Legislature that courts continue
to exercise their discretion under Section 1385 of the Penal Code in
determining the extent to which persons should be punished under the
law, and nothing in this act shall be construed to limit the current
discretion of courts to strike prior convictions. 
_____________________________________    All matter omitted in this
version    of the bill appears in the bill as       introduced in the
Assembly,        February 24, 2000 (JR 11)
____________________________________