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CA AB2865

Bill

Status

Failed

11/30/2016

Primary Sponsor

Patrick O'Donnell

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Makes technical, nonsubstantive changes to Penal Code Section 1170 related to sentencing provisions, including corrections to grammar and phrasing (e.g., changing "can best be" to "is best," "any" to "an").

  • Modifies sentencing requirements in subdivision (b) to mandate imposition of the middle term unless circumstances in aggravation or mitigation exist, rather than allowing court discretion to select any of three terms.

  • Clarifies procedures for sentence recall and resentencing for juveniles sentenced to life without parole, including requirements for petitions, hearings, and factors courts may consider.

  • Establishes procedures for medical recall and resentencing of terminally ill prisoners (six months or less to live) and permanently medically incapacitated prisoners, with court discretion to grant relief within 10 days of recommendation.

  • Provisions become operative on January 1, 2017, with Section 1 effective until that date and Section 2 operative thereafter.

Legislative Description

Sentencing.

Last Action

Died at Desk.

11/30/2016

Full Bill Text

No bill text available