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CA SB9
Bill
AI Summary
SB 9 Summary
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Allows defendants sentenced to life without parole as juveniles (under 18 years old) to petition for recall and resentencing after serving at least 15 years, with retroactive application.
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Prohibits juvenile offenders from petitioning if they tortured their victim or if the victim was a public safety official, including law enforcement or firefighters.
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Requires petitions to include defendant's statement of remorse and rehabilitation efforts, and at least one of four criteria: felony murder/aiding and abetting conviction, no prior violent juvenile felonies, offense committed with adult codefendant, or demonstrated rehabilitation.
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Establishes court hearing procedures where court must hold hearing if petition statements are true by preponderance of evidence, with consideration of eight enumerated factors including rehabilitation, family ties, and disciplinary record.
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Allows defendants denied resentencing to petition again after 20 years of service and once more after 24 years, with final petition submittal and response during the 25th year of sentence.
Legislative Description
Sentencing.
Last Action
Chaptered by Secretary of State. Chapter 828, Statutes of 2012.
9/30/2012