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CA SB1084

Bill

Status

Passed

9/30/2016

Primary Sponsor

Loni Hancock

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Allows defendants sentenced to life without parole as juveniles to petition for recall and resentencing after 15 years of incarceration, with subsequent petitions available at 20 and 24 years if the initial sentence is not recalled.

  • Requires courts to mandatory hold resentencing hearings if they find by preponderance of evidence that the defendant was convicted under felony murder rules, lacks prior juvenile violent felony convictions, had an adult codefendant, or demonstrated rehabilitation.

  • Excludes defendants from juvenile resentencing eligibility if they tortured their victim or their victim was a public safety official, including law enforcement or firefighters.

  • Extends judicial discretion in sentencing with three-term options from January 1, 2017 to January 1, 2022; after January 1, 2022, courts must impose the middle term unless circumstances in aggravation or mitigation exist.

  • Modifies legislative findings on sentencing purpose to include rehabilitation and restorative justice alongside punishment, and directs the Department of Corrections and Rehabilitation to establish a mission statement consistent with these principles.

Legislative Description

Sentencing.

Last Action

Chaptered by Secretary of State. Chapter 867, Statutes of 2016.

9/30/2016

Committee Referrals

Appropriations6/22/2016
Public Safety6/6/2016
Appropriations4/20/2016
Public Safety2/25/2016
Rules2/17/2016

Full Bill Text

No bill text available