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CA SB1331
Bill
AI Summary
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Removes the January 1, 2015 date restriction, allowing any military service member convicted of a felony to petition for resentencing based on service-related trauma or mental health conditions, regardless of when they were sentenced.
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Clarifies that resentencing petitions are available whether or not there was argument or evidence about the military service-related condition presented at the original trial.
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Requires courts to hold a public hearing with at least 15 days' notice to determine if a petitioner meets eligibility criteria, with the prosecution given an opportunity to be heard on suitability for resentencing.
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Prohibits resentencing from resulting in a sentence longer than the original sentence and requires credit for time served.
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Applies to defendants suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems resulting from military service.
Legislative Description
Sentencing: members of military: trauma.
Last Action
Referred to Com. on PUB. S.
3/2/2022