Loading chat...

CA SB1331

Bill

Status

Introduced

2/18/2022

Primary Sponsor

Dave Min

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Prohibits resentencing from resulting in a sentence longer than the original sentence and requires credit for time served.

  • 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

Committee Referrals

Public Safety3/2/2022
Rules2/18/2022

Full Bill Text

No bill text available