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 |Add To My Favorites |Track Bill | Version: 02/20/26 - Introduced

 AB-2450 Sentencing: dismissal of enhancements.(2025-2026)

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 Date Published: 02/20/2026 09:00 PM

AB2450:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2450

Introduced by Assembly Member Johnson

February 20, 2026

 An act to amend Section 1385 of the Penal Code, relating to sentencing. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2450, as introduced, Johnson.
 Sentencing: dismissal of enhancements.

Existing law generally authorizes a court to dismiss an action in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.

This bill would make the above-described requirement to dismiss an enhancement inapplicable to specified enhancements related to drug possession and trafficking, and would instead authorize the court to dismiss those specified enhancements if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

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

SECTION 1.

 Section 1385 of the Penal Code is amended to read:

1385.

 (a) The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.

(b) (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in
 the furtherance of justice in compliance with subdivision (a).

(2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).

(c) (1) (A) Notwithstanding any other law, and except as otherwise provided in subparagraphs (B) and (C), the court shall dismiss an enhancement if it is in the furtherance of
 justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. so.

(B) The court is not required to, but may, in its discretion, dismiss an enhancement described in any of the following sections if it is in the furtherance of justice to do so:

(i) Section 11353.1 of the Health and Safety Code.

(ii) Section 11353.6 of the Health and Safety Code.

(iii) Section 11370.4 of the Health and Safety Code.

(iv) Section 11379.7 of the Health and Safety Code.

(v) Section 11379.8 of the Health and Safety Code.

(vi) Section 11380.1 of the Health and Safety Code. 

(C) A court shall not dismiss an enhancement pursuant to this paragraph if dismissal of that enhancement is prohibited by any initiative statute.

(2) In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in
 subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.

(A) Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.

(B) Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.

(C) The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.

(D) The