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CA SB1202
Bill
AI Summary
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Requires courts to impose the middle term of a three-term sentence unless aggravating or mitigating circumstances exist, effective January 1, 2017.
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Prohibits courts from imposing upper sentences based on aggravating facts unless those facts are presented to and found true by a jury or admitted by the defendant.
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Requires courts to specify on the record the specific facts in aggravation relied upon to impose an upper term.
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Mandates bifurcation of trials for facts pleaded in aggravation of sentence, keeping juries uninformed of aggravating allegations during the first phase unless relevant to the criminal charge itself.
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Clarifies that facts pleaded in aggravation cannot be used as aggravating factors unless proven to the trier of fact or admitted by the defendant, with an exception for prior convictions in jury trials.
Legislative Description
Sentencing.
Last Action
From Assembly without further action.
11/30/2016