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CA SB763

Bill

Status

Failed

2/1/2022

Primary Sponsor

Dave Min

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Removes the January 1, 2015 sentencing date restriction, allowing all military members convicted of felonies to petition for resentencing if service-related trauma conditions were not considered at sentencing.

  • Clarifies that resentencing petitions are available regardless of whether evidence or argument about the military-related condition was presented at trial.

  • Requires the court to hold a public hearing within 15 days' notice to prosecution, defense, and victims to determine if the defendant meets the criteria for resentencing consideration.

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

  • Applies retroactively to all cases where military service-related sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems were not considered as mitigating factors during sentencing.

Legislative Description

Sentencing: members of military: trauma.

Last Action

Returned to Secretary of Senate pursuant to Joint Rule 56.

2/1/2022

Committee Referrals

Appropriations4/20/2021
Public Safety3/3/2021
Rules2/19/2021

Full Bill Text

No bill text available