The last months of 2021 saw several bills signed into law, many of which pertain to criminal justice reform. In early October, Governor Gavin Newsom signed one such piece of legislation, Senate Bill 81, into law. Starting January 1, 2022, judges will have greater discretion over when to apply or dismiss sentencing enhancements. Let’s look at what this new legislation could mean for people facing criminal charges in 2022 and beyond.
How Sentencing Enhancements Evolved in California
At the height of the war on drugs in the 1980s, many states imposed severe penalties for several drug and gang-related offenses. Mandatory minimum sentences and sentencing enhancements were used to deter people from committing such crimes. However, data shows that these measures started to have a “discriminatory racial impact,” as black Americans were much more likely to receive a sentence enhancement. According to one estimate, 92 percent of people with gang enhancements in California are people of color. Under this new legislation, judges will be able to dismiss or apply sentence enhancements as they see fit.
Striving For a More Equitable System
Senate Bill 81 grew out of the recommendations of the California Committee on the Revision of the Penal Code. This committee, appointed by Governor Newsom and the California Legislature, reviewed California’s Penal Code and identified opportunities for improvement. Under the previous laws, judges had the authority to dismiss sentencing enhancements, but few judges did so because California law provided little to no guidance on the matter. The new legislation provides judges with greater clarity about sentencing enhancements, asking them to consider factors like the severity of the offense, whether the enhancement would result in a discriminatory racial impact, whether the underlying conviction stems from mental illness or childhood trauma, or whether the enhancement pertains to a prior conviction that is more than five years old.
The Future of Sentencing Enhancements in California
As the new law gets underway in the new year, judges will have more guidance and clarity surrounding the application of sentencing enhancements. If law enforcement has arrested you for an offense to which sentencing enhancements may apply, you should contact a skilled Los Angeles County criminal defense attorney as soon as possible to discuss your situation. Your attorney will examine all aspects of your case and determine the most strategic path forward.
Schedule a free consultation with an experienced Los Angeles County criminal defense attorney by calling Wegman & Levin today at (818) 980-4000.
