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AB-1755 Sentencing.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1755:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1755


Introduced by Assembly Member Weber

February 22, 2019


An act to amend Section 1170.81 of the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1755, as introduced, Weber. Sentencing.
Existing law, until January 1, 2022, requires the court to select the term which, in the court’s discretion, best serves the interests of justice, when a judgment of imprisonment is to be imposed and the statute specifies three possible terms. Commencing January 1, 2022, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the fact that the intended victim of an attempted life term crime was a peace officer to be considered a circumstance in aggravation of the crime in imposing a term.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1170.81 of the Penal Code is amended to read:

1170.81.
 The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officer’s duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officer’s duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.