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CA AB865

Bill

Status

Passed

9/19/2018

Primary Sponsor

Marc Levine

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Authorizes military veterans sentenced for felonies prior to January 1, 2015 to petition for resentencing if they were not previously credited for service-related conditions including sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems.

  • Requires courts to hold a public hearing with at least 15 days' notice to the prosecution, defense, and victims to determine if the petitioner meets eligibility criteria before deciding whether to resentence.

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

  • Directs courts to consider military-service-related conditions as a mitigating factor when imposing sentences, effective January 1, 2015 for future cases.

  • Applies retroactively to cases that were final before January 1, 2015, and does not alter victims' rights under Marsy's Law.

Legislative Description

Military personnel: veterans: resentencing: mitigating circumstances.

Last Action

Chaptered by Secretary of State - Chapter 523, Statutes of 2018.

9/19/2018

Committee Referrals

Appropriations6/26/2018
Veterans Affairs5/15/2018
Public Safety4/19/2018
Rules1/29/2018
Appropriations1/12/2018
Public Safety1/8/2018
Rules1/3/2018
Governmental Organization3/2/2017

Full Bill Text

No bill text available