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CA SB481
Bill
AI Summary
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Repeals prohibition on judges striking or dismissing special circumstance findings in first-degree murder cases where the sentence is life imprisonment without parole.
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Authorizes judges to dismiss special circumstances upon their own motion, motion of either party, or application by a person incarcerated 15 years or longer, if the defendant was 25 years of age or younger at the time of the offense.
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Requires judges to consider and place great weight on specified mitigating factors including demonstrated growth, prior abuse or trauma, victimization, cognitive limitations, and hallmark features of youth (immaturity, impulsivity, vulnerability to negative influences).
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Prohibits dismissal if the court finds by preponderance of evidence that the person would pose an immediate threat to public safety and the resulting sentence would not require a public safety determination by the Board of Parole Hearings.
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Requires courts to notify crime survivors and family members of dismissals and provide information about counseling, support groups, parole hearing processes, and their rights under Marsy's Law.
Legislative Description
Sentencing: special circumstances.
Last Action
Died on file pursuant to Joint Rule 56.
2/1/2022