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CA SB567
Bill
AI Summary
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Court must impose sentences not exceeding the middle term unless aggravating circumstances have been stipulated by defendant or found true beyond reasonable doubt at trial by jury or judge.
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Upon defendant request, trial on aggravating circumstances must be bifurcated from trial on charges and enhancements, with jury remaining uninformed of aggravating allegations until felony conviction.
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Court may consider defendant's prior convictions based on certified record of conviction without jury submission, but this does not apply to enhancements on prior convictions.
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Court must set forth on record the facts and reasons for the sentence imposed and may not impose upper term using facts of enhancements.
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Defendants under 18 at time of offense sentenced to life without parole may petition for recall and resentencing after 15 years incarceration if they meet specified criteria including felony murder conviction, lack of prior violent juvenile adjudications, or commission with adult codefendant.
Legislative Description
Criminal procedure: sentencing.
Last Action
Chaptered by Secretary of State. Chapter 731, Statutes of 2021.
10/8/2021