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CA AB1540

Bill

Status

Passed

10/8/2021

Primary Sponsor

Philip Ting

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Creates new Penal Code Section 1170.03 establishing procedures for sentence recall and resentencing when recommended by the Secretary of the Department of Corrections and Rehabilitation, Board of Parole Hearings, district attorney, or Attorney General.

  • Requires courts to provide notice to defendants, set a status conference within 30 days, and appoint counsel when a resentencing request is made by authorized entities; establishes presumption favoring recall and resentencing unless defendant poses unreasonable risk to public safety.

  • Allows courts to grant resentencing without hearing if parties stipulate; courts must state reasons for granting or denying resentencing on the record and may consider postconviction factors including rehabilitation, disciplinary record, and circumstances changed since original sentencing.

  • Permits courts to reduce sentences, vacate convictions for lesser included offenses (with prosecutor concurrence), and consider trauma, intimate partner violence, human trafficking, and youth status as contributing factors when resentencing.

  • Amends Board of Parole Hearings procedures to require sentence recall recommendations be made by panel of at least two commissioners, with only one deputy commissioner allowed.

Legislative Description

Criminal procedure: resentencing.

Last Action

Chaptered by Secretary of State - Chapter 719, Statutes of 2021.

10/8/2021

Committee Referrals

Appropriations7/8/2021
Public Safety6/9/2021
Rules6/3/2021
Appropriations4/28/2021
Public Safety3/11/2021

Full Bill Text

No bill text available