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CA AB665
Bill
Status
5/30/2017
Primary Sponsor
Marc Levine
Click for details
AI Summary
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Requires courts to consider military service-related conditions (sexual trauma, traumatic brain injury, PTSD, substance abuse, mental health problems) as mitigating factors when sentencing felony defendants who are current or former military members.
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Allows individuals convicted before January 1, 2015 to petition for sentence recall and resentencing if military service-related conditions were not considered as a mitigating factor at their original sentencing.
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Requires courts to hold a public hearing with at least 15 days' notice to prosecution, defense, and victims before determining eligibility for resentencing, with prosecution given opportunity to be heard on suitability.
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Prohibits resentencing from resulting in a sentence longer than the original sentence and requires credit for time already served.
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Applies retroactively to cases that were final before January 1, 2015, and does not diminish rights under Marsy's Law or other available remedies.
Legislative Description
Military personnel: veterans: resentencing: mitigating circumstances.
Last Action
In committee: Held under submission.
9/1/2017