Earlier this year, Assembly Member Alex Lee (D-San Jose) introduced AB 1509, named the Anti-Racism Sentencing Reform Act.
How Do Sentencing Enhancements Work?
A sentencing enhancement is an increase in the maximum allowable punishment that is based on a certain fact. In the case of gun-sentencing enhancements, a person convicted of certain crimes will face a significantly longer sentence because they carried a gun when they committed the offense.
How Would AB 1509 Change Gun-Sentencing Enhancements?
If AB 1509 passes, it would reduce—not eliminate—the sentencing enhancements for those convicted of certain crimes while carrying or using a gun. Under the current framework, the sentencing enhancements are as follows:
- A five- or six-year enhancement for shooting a gun out of a car during the commission of a crime.
- A 10-year enhancement for carrying or using a gun during the commission of a crime.
- A 20-year enhancement for shooting a gun during the commission of a crime.
- A 25-year to life-sentence enhancement for causing injury or death with a gun during the commission of a crime.
However, AB 1509 would reduce these enhancements to either one, two, or three years, depending on how the gun was used and if anyone was injured or killed. The bill would also apply retroactively. AB 1509 is not yet law. California lawmakers are expected to vote on the bill later this year.
SB81 | AB1509 | Gun Enhancements