Peace Officers Research Assoc. disagree with Guv Signing Law that does NOT Charge Criminal with use of Firearm in Crime

In the wake of the Las Vegas shooting, there is a bi-partisan effort in Congress to place more restrictions on the use of assault weapons and tools used to convert legal semi-automatic firearms into rapid fire or automatic weapons. 

Yesterday, Governor Brown signed SB 620 by Senator Steven Bradford (D-Compton) and it will become law January 1, 2018. PORAC cannot understand why the Governor and democratic leaders would pass a law that allows criminals using a firearm in the commission of a crime to not be charged with the use of that firearm. 

PORAC has opposed the bill from the beginning, and for two serious reasons: 

  • The current statutes relating to firearm enhancements already allow a judge to use discretion in sentencing.  Each enhancement section has various levels of sentencing durations to be used by the judge on a case-by-case basis. 
  • PORAC continues to have concerns over the passage of Proposition 57 and the early release of prisoners who have not only committed serious crimes against the public, but have usually left a trail of victims behind.  The firearm enhancement sections of the Penal Code oftentimes may be the only penalty keeping a convicted criminal from being eligible for early parole under Proposition 57.  By allowing a judge to eliminate, or not impose, the firearm enhancement, the likelihood of dangerous criminals on the street increases. 

This measure is unfair to victims and dangerous for our communities.  

The Peace Officers Research Association of California (PORAC) was incorporated in 1953 as a professional federation of local, state and federal law enforcement agencies.  Today, PORAC represents over 70,000 public safety members and 930 associations, making it the largest law enforcement organization in California and the largest statewide association in the nation.


Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

One Response to Peace Officers Research Assoc. disagree with Guv Signing Law that does NOT Charge Criminal with use of Firearm in Crime

  1. Citizen Reporter October 12, 2017 at 10:53 pm

    Bill text:

    SB 620, Bradford. Firearms: crimes: enhancements.
    Existing law requires that a person who personally uses a firearm in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Existing law requires that a person who personally uses an assault weapon or a machinegun in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if he or she discharged the firearm, or for 25 years to life if he or she discharges the firearm and proximately causes great bodily harm. Existing law prohibits the court from striking an allegation or finding that would make a crime punishable pursuant to these provisions.
    This bill would delete the prohibition on striking an allegation or finding and, instead, would allow a court, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by the above provisions of law.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

6 + 9 =