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CA SB1129
Bill
AI Summary
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Amends Penal Code Section 1170.95 to prohibit resentencing petitions when the murder victim was a peace officer engaged in performance of their duties and the defendant knew or reasonably should have known the victim was a peace officer.
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Maintains existing resentencing eligibility for those convicted of felony murder or murder under natural and probable consequences doctrine if they could not presently be convicted under 2019 changes to Sections 188 and 189.
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Requires prosecution to prove beyond reasonable doubt that petitioner is guilty of murder or attempted murder under amended California law during resentencing hearings.
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Allows petitioner's conviction to be redesignated as target offense for resentencing purposes if murder was charged generically and the target offense was not charged.
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Provides resentenced individuals credit for time served and permits judge to order up to two years of parole supervision following sentence completion.
Legislative Description
Felony murder: resentencing: peace officer victims.
Last Action
April 26 set for first hearing canceled at the request of author.
4/19/2022