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CA AB1618

Bill

Status

Passed

10/8/2019

Primary Sponsor

Reginald Jones-Sawyer

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Adds Section 1016.8 to the Penal Code to govern waiver provisions in plea bargains relating to future changes in law
  • Declares void as against public policy any plea bargain provision requiring a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other retroactive changes in law that occur after the plea date
  • Establishes that plea bargains requiring defendants to waive unknown future legal benefits are not knowing and intelligent waivers as required by constitutional due process standards
  • Applies to any bargaining, negotiation, or discussion between a defendant and prosecuting attorney or judge resulting in a guilty or nolo contendere plea
  • Approved by Governor October 8, 2019 and filed with Secretary of State October 8, 2019

Legislative Description

Plea bargaining: benefits of later enactments.

Last Action

Chaptered by Secretary of State - Chapter 586, Statutes of 2019.

10/8/2019

Committee Referrals

Public Safety9/6/2019
Appropriations7/3/2019
Public Safety5/22/2019
Rules5/14/2019
Appropriations4/23/2019
Transportation3/18/2019

Full Bill Text

No bill text available