AB 1039

Current law classifies felonies from Class A felonies to Class I felonies and provides a maximum sentence for each classification. Each sentence is a bifurcated sentence, which is a term of confinement in prison followed by a term of extended supervision in the community. Certain crimes, such as some sex offenses, violent crimes, or repeated crimes, have a mandatory minimum term of confinement in prison. This bill imposes a one-year mandatory minimum term of confinement in prison for a person who is convicted of a felony that is committed with the intent to terrorize, intimidate, or coerce two or more occupants of a church.

Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court. Under the bill, a prosecutor must get the court’s approval to dismiss or amend a charge if the defendant could be subject to the mandatory minimum sentence created in the bill. The court may approve the dismissal or amendment of such a charge only if the court finds the action is consistent with the public’s interest in deterring the commission of these crimes and with the legislature’s intent, expressed in this bill, to vigorously prosecute individuals who commit these crimes.

Current law allows a prosecutor to enter into a deferred prosecution agreement with a defendant who is charged or may be charged with a crime. Generally, under a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions. Current law also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is charged or may be charged with operating a vehicle while under the influence of an intoxicant or a controlled substance, causing injury to another while operating a vehicle while under the influence, or homicide by intoxicated use of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant if the defendant could be subject to the mandatory minimum sentence created in the bill.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.