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CA AB865
Bill
Status
9/19/2018
Primary Sponsor
Marc Levine
Click for details
AI Summary
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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.
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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.
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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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Directs courts to consider military-service-related conditions as a mitigating factor when imposing sentences, effective January 1, 2015 for future cases.
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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