Here’s a List of Some of the Enhancements LADA Is Not Using Anymore

The following enhancements were explicitly banned.

• Prior strike enhancements. (Pen. Code §§ 667(d), 667(e), 1170.12(a), 1170.12(c).
• Five year year priors. (Pen. Code § 667(a)(1).)
• Gang enhancements. (Pen. Code § 186.22 et seq.)
• Special circumstances allegations. (Pen. Code § 187.)
• Bail violations or violations of release on your own recognizance. (Pen. Code § 12022.1.)
• Firearm allegations. (Pen. Code § 12022.53.)

Newly-elected DA George Gascon’s first order banned the use of all enhancements, period. Although not specifically enumerated, this ban also includes the following notable enhancements.

• Sales of controlled substances within 1,000 feet of schoolyard. (Health & Safety Code § 11353.6.)
• Trafficking in controlled substances within drug treatment centers, detox facilities, or homeless shelters. (Health & Safety Code § 11380.7.)
•  Money laundering. (Penal Code § 186.10.)
• Recruiting another person to participate in street gang; additional punishment for recruiting minor. (Penal Code § 186.26.)
• Fleeing scene after committing vehicular manslaughter. (Penal Code § 192.5.)
• Child abuse in form of female genital mutilation. (Penal Code § 273.4.)
• Use of deadly or dangerous weapons, or armed with firearm during specified offenses. (Penal Code § 12022.)
• Use of firearm or dangerous or deadly weapon during sex offense; or armed with firearm or dangerous or deadly weapon during sex offense. (Penal Code § 12022.3(a)–(b).)
• Use of firearm, assault weapon, or machine gun during felony. (Penal Code § 12022.5.)

Here’s a list of enhancements that the new DA initially ordered his deputies not to use, but changed his mind after a two weeks of criticism.

• Hate crime allegations. (Pen. Code §§ 422.7, 422.75.)
• Elder and dependent adult abuse allegations. (Pen. Code § 667.9, 368(b)(2)/12022.7(c).)
• Child physical abuse allegations. (Pen. Code § 12022.7(d), 12022.9, and 12022.95.)
• Child sexual abuse allegations. (Pen. Code § 667.61, 667.8(b), 667.9, 667.10 ,667.15, 674, 675, 12022.7(d), 12022.8(b), and 12022.85(b)(2).)
• Human sex trafficking allegations. (Pen. Code § 236.4(b) and 236.4(c).)
• Financial crime allegations. (Pen. Code § 186.11.)

You can read the amended orders here:

🚨BREAKING
Following consultations with community stakeholders, legislators (💚Asm. Bloom) & others New LA DA 👏🏼@GeorgeGascon (TY!) has revised his directive re: enhancements to sculpt narrow exception that includes hate crime & those against elderly, disabled & kids. pic.twitter.com/jzGLg7OgEe

— Brian Levin (@proflevin) December 19, 2020