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CA SB483

Bill

Status

Passed

10/8/2021

Primary Sponsor

Benjamin Allen

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Origin

Senate

2021-2022 Session

AI Summary

  • Declares sentence enhancements imposed under Health and Safety Code Section 11370.2 (prior to January 1, 2018) and Penal Code Section 667.5(b) (prior to January 1, 2020) legally invalid, with specified exceptions for sexually violent offenses and certain controlled substance crimes.

  • Requires the Department of Corrections and Rehabilitation and county correctional administrators to identify and report to sentencing courts all individuals currently serving sentences that include these invalid enhancements by March 1, 2022 (those currently serving the enhancement) and July 1, 2022 (all others).

  • Requires courts to recall sentences and resentence individuals by October 1, 2022 (those currently serving the enhancement) and December 31, 2023 (all others), resulting in lesser sentences unless the court finds by clear and convincing evidence that a lesser sentence would endanger public safety.

  • Mandates courts appoint counsel for resentencing hearings, allow remote proceedings if agreed to, and apply sentencing rules and any other laws that reduce sentences or provide judicial discretion to promote sentencing uniformity.

  • Establishes that changes in sentence resulting from this measure cannot be used as a basis for prosecutors or courts to rescind plea agreements.

Legislative Description

Sentencing: resentencing to remove sentencing enhancements.

Last Action

Chaptered by Secretary of State. Chapter 728, Statutes of 2021.

10/8/2021

Committee Referrals

Appropriations7/14/2021
Public Safety6/10/2021
Appropriations4/28/2021
Public Safety3/11/2021
Rules2/17/2021

Full Bill Text

No bill text available