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CA AB665

Bill

Status

Engrossed

5/30/2017

Primary Sponsor

Marc Levine

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Prohibits resentencing from resulting in a sentence longer than the original sentence and requires credit for time already served.

  • 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

Committee Referrals

Appropriations7/11/2017
Veterans Affairs6/27/2017
Public Safety6/8/2017
Rules5/30/2017
Appropriations3/21/2017
Public Safety3/2/2017

Full Bill Text

No bill text available