Assembly Bill 1310 was introduced by Assemblymember McKinnor.
This bill will allow a person who was convicted of firearm enhancements (Penal Code sections 12022.5 or 12022.53) to petition the 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: Introduced 02/2023