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  #1  
Old 06-01-2018, 11:02 AM
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Default SB-1393 Sentencing: Allows Judges to Strike Sentence Enhancement for Prior

Does anyone have any additional info on this?

http://sd30.senate.ca.gov/news/news/...trike-sentence
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Old 06-01-2018, 11:38 AM
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I'm on a quick break, but here is the bill text. I'm assuming it lifts the mandate that requires a judge to impose the enhancement, but leaves it at their discretion. I am not aware if this is retroactive. I'll read it when I get back this afternoon.
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Old 06-01-2018, 11:45 AM
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Thank you Miamac, have a great rest of your day. I'll wait for your response.

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I'm on a quick break, but here is the bill text. I'm assuming it lifts the mandate that requires a judge to impose the enhancement, but leaves it at their discretion. I am not aware if this is retroactive. I'll read it when I get back this afternoon.
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Old 06-01-2018, 12:23 PM
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Looking at it, judges (the court) has always been able to strike or dismiss enhancement for priors on non-serious crimes. They were unable to strike prior enhancement for serious and violent crimes.

This changes that restriction allowing judges to strike or dismiss priors for serious and violent crimes also.

It passed Senate 25 to 14. Now it goes to Assembly hearings. Assembly is a little more Conservative and tougher to get bills like this through. Need to follow it's progress in the next 1 to 2 months. That will tell.

I don't see anything making it retroactive.

Last edited by gvalliant; 06-01-2018 at 12:27 PM.. Reason: format
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Old 06-02-2018, 11:56 AM
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Thank you Miamac, have a great rest of your day. I'll wait for your response.
Things are a little messy here, I still haven't read the text. But gvalliant is well-informed and his assessment makes perfect sense to me. It mirrors what other enhancement bills have done.
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Old 06-02-2018, 09:29 PM
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Quote:
Originally Posted by miamac View Post
Things are a little messy here, I still haven't read the text. But gvalliant is well-informed and his assessment makes perfect sense to me. It mirrors what other enhancement bills have done.
I hope things get better for you miamac. Tale care!
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Old 06-06-2018, 06:02 PM
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Originally Posted by Luv0fHisLife View Post
Does anyone have any additional info on this?

http://sd30.senate.ca.gov/news/news/...trike-sentence
When I spoke with my BF this morning, he mentioned that he heard something about this. One thing it appears to do is remove the crimes of burglary and robbery that don't result in significant injury would no longer be classified as VIOLENT felonies. Here is the link

https://ballotpedia.org/California_C...itiative_(2018)

This could be good for a lot of people
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Old 06-06-2018, 06:04 PM
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This could be good for a lot of people
...going forward, right? This bill does not include retroactive sentencing as far as I understand.
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Old 06-06-2018, 07:30 PM
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Originally Posted by JustLilOlMe1012 View Post
When I spoke with my BF this morning, he mentioned that he heard something about this. One thing it appears to do is remove the crimes of burglary and robbery that don't result in significant injury would no longer be classified as VIOLENT felonies. Here is the link

https://ballotpedia.org/California_C...itiative_(2018)

This could be good for a lot of people

. Please read the definition of robbery in the penal code https://leginfo.legislature.ca.gov/f...er=4.&article=CHAPTER 4. Robbery [211 - 215] As long as the words Free Will and fear remain in the definition(CA. PC. 211) Until they redefine CA. PC.211 &212 robbery will still be a violent offense. The key word in section 212 is ]fear. You use a weapon in the commission of a robbery changes the whole game.
SB-1393 Sentencing . What the Bill says as of today. No where in this Bill is it retroactive
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Old 06-06-2018, 07:54 PM
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Looks like more reading to do

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Old 06-06-2018, 08:11 PM
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Looks like more reading to do

I always get any information on all new legislation from here California Legislative InformationYou can also contact the authors of the legislation also through this site. If you support or oppose their Bill
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Old 06-18-2018, 01:45 PM
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The bill removing burglary and robbery without injury from the list of violent felonies didn't get enough signature in time to make it on the ballot. They hope to get it on the 2020 ballot.
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Old 06-18-2018, 06:56 PM
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The bill removing burglary and robbery without injury from the list of violent felonies didn't get enough signature in time to make it on the ballot. They hope to get it on the 2020 ballot.
So disappointed, but I didn't learn of it until this weekend
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Old 07-11-2018, 03:06 PM
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Does anyone know the status of this bill? Has it passed? Is it retroactive? Any inofrmation is greatly appreciated. Thank you!
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Old 07-11-2018, 08:35 PM
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Does anyone know the status of this bill? Has it passed? Is it retroactive? Any inofrmation is greatly appreciated. Thank you!
SB-1393 did not have enough signatures to go on ballot
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Old 07-12-2018, 10:37 AM
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SB-1393 did not have enough signatures to go on ballot
Thank you!

Can someone please explain the difference between SB1279 and SB1393? And if possible the status of SB1279? Im sorry the wording is confusing to me to say the least.

http://leginfo.legislature.ca.gov/fa...01720180SB1393

http://leginfo.legislature.ca.gov/fa...01720180SB1279
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Old 07-12-2018, 07:58 PM
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Confusing to me too. There are people here that know this stuff like the back of their hand
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Thank you!

Can someone please explain the difference between SB1279 and SB1393? And if possible the status of SB1279? Im sorry the wording is confusing to me to say the least.

http://leginfo.legislature.ca.gov/fa...01720180SB1393

http://leginfo.legislature.ca.gov/fa...01720180SB1279
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Old 07-12-2018, 08:44 PM
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Confusing to me too. There are people here that know this stuff like the back of their hand
I will review both of these Bills later tonight and give you my on them tomorrow
I have been busy trying to catch up things

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Old 07-14-2018, 03:55 PM
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Yes I am slow I went through SB 1279 did my best to make it understandable What I did was just took Bill SB1279 and highlighted it and also put stick notes on each section I started on page 3 that is where the amended part starts Read the attachment Any questions after reviewing ask. I will work on SB1393 next
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File Type: pdf 20170SB1279_97 with highlights.pdf (183.3 KB, 32 views)
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Old 07-16-2018, 09:26 AM
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Yes I am slow I went through SB 1279 did my best to make it understandable What I did was just took Bill SB1279 and highlighted it and also put stick notes on each section I started on page 3 that is where the amended part starts Read the attachment Any questions after reviewing ask. I will work on SB1393 next
Thank you so much for your help!
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Old 07-16-2018, 12:11 PM
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Yes I am slow I went through SB 1279 did my best to make it understandable What I did was just took Bill SB1279 and highlighted it and also put stick notes on each section I started on page 3 that is where the amended part starts Read the attachment Any questions after reviewing ask. I will work on SB1393 next
This is so useful, so incredibly awesome. If you are able to do the other superb, Take your time please. If I could sing, I would be singing your praises right now.
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Old 07-16-2018, 09:25 PM
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OK I finally got SENATE BILL No. 1393 reviewed It is done just like I did SB 1279 any question on this Bill SB 1393. I will do my best to try and answer.Edit I made a mistake on pg2 to the red highlighted section . The code I put was 6679a)(2) No such section It should be Section 667(a) (2) I corrected on the Bill 1393 also . That is why there is no views. This is the correct version now sorry about the mistake . I need to watch my work closer.
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Old 07-17-2018, 02:04 PM
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My husband called today regarding 1393. Apparently a lot of guys are saying that it has passed and is waiting governor signature on it. He is saying that they heard it will be retroactive and the guys are planning on filing a Writ to have the enhancement they were given removed. Does anyone have info regarding this? If what I have asked makes any sense? Thank you!
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Old 07-17-2018, 04:01 PM
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Originally Posted by sarita88 View Post
The bill removing burglary and robbery without injury from the list of violent felonies didn't get enough signature in time to make it on the ballot. They hope to get it on the 2020 ballot.

This would be significant for Dee since her situation would be "robbery without injury." It doesn't change her actual sentencing. But at least her offense would no longer be considered "violent."
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Old 07-17-2018, 04:45 PM
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My husband called today regarding 1393. Apparently a lot of guys are saying that it has passed and is waiting governor signature on it. He is saying that they heard it will be retroactive and the guys are planning on filing a Writ to have the enhancement they were given removed. Does anyone have info regarding this? If what I have asked makes any sense? Thank you!
Sorry to inform you this is not correct please read the following Bill history
This Bill has nothing in it about retroactive action Please read the Bill and pass the information on to your loved ones

Last 5 History Actions
Date Action
06/27/18 June 27 set for first hearing canceled at the request of author.
06/12/18 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 12). Re-referred to Com. on APPR.
05/25/18 Referred to Com. on PUB. S.
05/15/18 In Assembly. Read first time. Held at Desk.
05/14/18 Read third time. Passed. (Ayes 23. Noes 14. Page 5037.) Ordered to the Assembly.
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