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:

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