CA Omnibus Bill Contains Stealth Criminal Justice Change

Submitted in comments by J. Soden

You know it’s bad when the San Diego County District Attorney calls it, “the most irresponsible legislation our state has ever seen.”

Several good links were submitted in this mornings comments but this one gives Californians another good reason to leave this lawless, corrupted radical left state. The stealth provision in question is offensive right from the start because of the way it was passed…in secret and without discussion and debate by the whole legislature. The provision was quietly inserted into AB 1810, the “Omnibus Health Trailer Budget Bill” for 2018 alters criminal sentencing Legal Insurrection provides details:

Under AB 1810, a defendant charged with any crime can get those charges dismissed if they convince a judge the mental disorder they suffer from played a “major” role in the charged crime; if a mental health expert says the symptoms motivating the criminal behavior would respond to treatment; and if the defendant undergoes “treatment” during a diversion period with no minimum time period and a maximum of two years. Incredibly, only the defense gets to submit a psychiatric report; the prosecution has no opportunity to rebut that report with their own report or have their own expert examine the defendant. Finally, the mental health treatment shall be deemed “satisfactory” and dismissal granted should a defendant “substantially comply” with the diversion conditions and commit no “significant” new crimes while in diversion, although what constitutes “substantial completion” or a “significant” crime is not defined in the bill.

Video discussion of this provision is at the link above, some of which is below:

It takes little imagination to project how this measure will be abused to excuse a wide array of crimes (e.g. arson, DUI, stealing MAGA hats) under the banner of “mental health disorder”. The normally supportive San Diego Union Tribune Editorial Board blasted the legislative stunt.

…A case can be made that a defendant’s mental illness should be considered by prosecutors and judges — it’s certainly relevant. Senate Bill 215, now before the Legislature, would have allowed this in defined, limited circumstances. But instead of vetoing AB 1810 and letting this debate proceed, Brown short-circuited it. He did so despite being warned by San Diego County District Attorney Summer Stephan that this is “the most irresponsible legislation our state has ever seen” and that it would “wreak havoc in our criminal justice system.”

The Los Angeles County Association of Deputy District Attorneys blasted the maneuvering that led to the new law as a “scandalous abuse of the legislative process.” But that doesn’t go far enough. What Brown and state lawmakers have done is an outrageous simultaneous display of arrogance and incompetence — one that seems certain to haunt the criminal justice reform movement. Get ready for a signature-gathering push that seeks to overturn AB 1810

California’s radical left has seen fit to create a get-out-of-jail card for any “resistance” offense from now until the election in November and beyond if it isn’t stopped! The law could also embolden violent protest offenders making the job for police officers more dangerous. Since terms are loosely defined this law will secure a safe pass for crimes of harassment, defacement, bullying and even assault.

The practice of slipping legislation into omnibus spending bills has become common practice. The people are not being well served, rather, they are being manipulated and managed as a few activists in positions of power see fit. This is tyranny and should be met with complete rejection at the polls.

Democrats in California have shown themselves to be grossly irresponsible in matter pertaining to the law. The choice for citizens is clear…either they go or we go…and we already are, in droves. The current exodus includes an estimated 138 millionaires fed up with excessive taxes.

High taxes, high cost housing and rents, sovereign cities, open border mindset and recklessness in government…what’s not to like?

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17 Responses to CA Omnibus Bill Contains Stealth Criminal Justice Change

  1. RHT447 says:

    And, the stealth making of criminals….

    “It is equally troubling that many service members who will soon return from deployment now face criminal penalties simply because they were unable to register or are otherwise unaware of the changes made to California law. Their personally owned firearms now classified as “assault weapons” carry a potential felony conviction, all because they were deployed to protect and serve our county. ”

    From here—

    https://www.nraila.org/articles/20180707/california-massive-data-breach-and-significant-registration-problems-with-ca-doj-s-assault-weapon-registration-system

    • Libby says:

      Oh, Lordy, R …

      You and the rest of the rurals really have to get yer heads out of yer butts and face the truth in this. It is, IN FACT, a socialist sensibility that has preserved your access to service up to now. And NOW, that the PGE is more capitalist in it’s sensibility and operations than ever before, you MUST face the fact that if you, 30 families out a country road, cannot pay for your service, the maintenance of your line, you cannot have service.

      This has been coming on for a long time. What did you think was going to stop it? Not no “free market” government policy, that’s for GD sure!

      Wake the eff up!

      • Tina says:

        How ’bout YOU wake the eff up!

        Capitalism has nothing to do with this. In fact you could lay it at the feet of environmental activism and socialist fools.

        The company that went along with and complied with California’s radical greens has decided, apparently with impunity, to abandon customers that have been harmed by it’s very bad maintenance record while blaming fires on “climate change.

        Perhaps if they spent a little less on alternative energy and a little more on maintenance the people who lost everything in those fires would not have suffered such a loss.

        And don’t count yourself home free just yet. The country bumpkins may lose service but it’s you who will pay the higher PGE rates.

        Santa Cruz Sentinel:

        …Pacific Gas & Electric has poured hundreds of thousands of dollars into efforts to change state laws in recent months, records show, nearly doubling its lobbying expenses in a critical attempt to shift the financial responsibility when its power lines cause wildfires.

        At stake for the giant publicly traded utility is what one activist called a “big get out of jail free card” that would allow it to pass on liability costs to ratepayers. PG&E argues that utility companies can’t assume the same level of responsibility for California’s wildfires that they have in the past, given that the overall danger has increased because of climate change. To garner support, its spending on policy makers and lobbyists to influence state law has skyrocketed.

        Cast aspersions all you want…then be ready to get out your check book!

        • Libby says:

          God, Tina, now you’re just being stupid. If the PGE, that has infrastructure in place, is unable to maintain rural service … who the eff do you think is gonna run competitive service out a county road to 30 families, and make a profit.

          This is where I lose my faith in democracy. It cannot survive such stupidity.

      • RHT447 says:

        So, let’s see if I’ve got this straight. I put up a link to an article and tag it as ‘important’, with no commentary of my own, and Lippy is just foaming at the mouth to shoot the messenger. Not just one shot either, she empties the magazine. I truly believe she sits up nights in anticipation.

        As to that whole socialism/monopoly thing—y-e-eah. Here in the DFW area, on the electric plan that I SHOPPED for, my average total cost per Kwh is 6.3 cents. Free markets and capitalism. Hooah.

      • Tina says:

        ” It is, IN FACT, a socialist sensibility that has preserved your access to service up to now”

        First of all that’s a lie. PGE is a monopoly, that get’s away with high prices and poor maintenance, because of socialist government.

        Secondly, our state government is more socialist than ever. What do you want to bet that PGE will get away with limiting service and sticking it to consumers instead of taking the hit?

  2. Libby says:

    Did you hear? Mitch was bothered, in public, in Kentucky, yet. I am so pleased. I saw a sticker stuck on the back of a street sign in Oakland this morning: “Riot Works”. And you know, it does.

    Only when the powers find that they cannot insulate themselves from the effects of their nasty policy … are they motivated to change. Mind you, I wish no harm upon old turtle head, I merely wish him motivated.

    Of course, sometimes there are ugly consequences when your nasty policy spawns riot, but old turtle head is reputedly bright enough to know that.

    • Tina says:

      “Only when the powers find that they cannot insulate themselves from the effects of their nasty policy…”

      This is not cause and effect. Don’t even try to go there.

      What you describe is anarchy from a bunch of sore loser citizens who have no respect for the nations laws, political process, or Constitution.

      Our nation has survived in great measure because we citizens have agreed to accept the will of the people and address our concerns through the legislative process and at the polls. Our nation has survived because of the profound respect for law and order that most citizens hold.

      “…are they motivated to change.”

      As if they should abandon their fervently held positions that won them the election! Once again you position yourself and your party as elite, superior, and entitled!

      You are going against the will of the people. We are equal citizens in the USA.

      You and your party have another opportunity in November and again in 2020.

      If you were smart you’d back off…the people are watching and the majority of us don’t much like what we see…intolerance, bullying, cruelty, violence, lies, distortion…even murder and attempted murder. And your politicians and talking heads are calling for more, more, more!

      Give it up Libby, if we compared incidents of violence through the decades your party would win the contest hands down! It was you guys back in the Jim Crow days…you guys in the violent seventies…and now you’re at it again.

      • J. Soden says:

        It’s a good thing we don’t have to physically be around Libby. If we did, we’d have to be sure our rabies’ vaccinations are up to date . . . . . .

  3. Libby says:

    “You are going against the will of the people. We are equal citizens in the USA.”

    Why is it that you can’t keep it in your head? … your President was NOT elected by any popular computation. He lost the popular vote: three million decidedly willfull people voted for the other candidate. That is, the people willed Hils for President.

    So quit asserting that you have any kind of mandate … you don’t. It’s going to be tooth and nail for two more years … and utterly exhausting.

    • Tina says:

      “…your President was NOT elected by any popular computation.”

      It does not matter. We the people have a system designed to keep this nation a free republic. Straight Democracy is mob rule. Mob rule was deliberately put in check by the Founders. There’s no reason that this nation of United States should give a mob rule advantage to a couple of high population states…it’s a big country and every state has different concerns.

      Through our participation as citizens we have agreed to abide by the outcome of the electoral college system. Now because you lost you want to change the rules. Sorry it would take a constituitional amendment ratified by 3/4 of states and that isn’t going to happen.

      By the system we have Trump won, end of story.

      The good citizens of the various states also saw fit to give him a Republican House and Senate and were well aware that one or more Supreme Court nominations would also fall under his watch. He DOES have a pretty strong mandate, Libby.

      Tooth and nail? A bunch of ignorant sore loser babies harassing people in public places and standing in the streets screaming is simply an annoyance. It doesn’t mean much in terms of power, especially since you are making such fools of yourselves for all to see.

    • Pie Guevara says:

      Uh, ever hear of the electoral college? There is a reason for it. There is a reason we are not a pure Democracy. Of course, a mouth foaming, lunatic graduate of Communist Martyrs High School like Lippy wouldn’t know anything about that. You could try to educate yourself, but you won’t.

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