Earlier this year, Assembly Member Alex Lee (D-San Jose) introduced AB 1509, named the Anti-Racism Sentencing Reform Act. If passed, the bill would drastically reduce the sentencing enhancements courts use to sentence those convicted of having a gun in their possession when they committed the underlying offense. Lee explains that the practical effect of the current sentencing enhancement laws has a disproportionate impact on People of Color, noting that 89 percent of those incarcerated based on these enhancements are People of Color.
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. However, sentencing enhancements are duplicative and unnecessary, as the law allows for a person who has a gun when committing another offense to be charged with the underlying offense as well as for possession of a gun. In other words, under the current state of the law, if you were to commit a robbery while carrying a gun, you would face robbery charges, gun charges, as well as a sentencing enhancement.
How Would AB 1509 Change Gun-Sentencing Enhancements?
If AB 1509 passes, it would significantly reduce—although not eliminate—the sentencing enhancements for those convicted of certain crimes while carrying or using a gun. For example, under the current framework, the sentencing enhancements are as follows: