BILL NUMBER: AB 2447	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000

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

                        FEBRUARY 24, 2000

   An act to amend 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.
   Vote:  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 1385 of the Penal Code is amended to read:
   1385.  (a) The judge or magistrate may, either  of
  upon  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.