Assembly Bill 1310 was introduced by Assemblymember McKinnor.
This bill will allow an incarcerated person who was convicted of firearm enhancements (Penal Code sections 12022.5 or 12022.53) to be automatically referred to court for resentencing. The bill will require the court to have a presumption in favor of resentencing, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety. The bill will also require the court to appoint counsel for the hearing. A previous bill, SB 620 (Bradford) allowed judges to strike enhancements at sentencing, but it was not retroactive. This bill is trying to make it fully retroactive.
Status: Held in Senate Appropriations. The bill will not be moving forward.