Sentencing enhancements: crimes against undocumented individuals.

Existing law generally authorizes a court to, in the furtherance of justice, dismiss a sentencing enhancement, except if dismissal of that enhancement is prohibited by an initiative statute. Existing law provides for various sentencing enhancements, including, among others, enhancements for the use of a firearm in the commission of a felony or attempted felony, or for the damaging of property in the commission or attempted commission of a felony.

This bill would require the court to impose an additional and consecutive 2-year term of state imprisonment for individuals convicted of committing a qualifying criminal activity, as specified, against a person who is an undocumented individual. By creating a new sentencing enhancement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.