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CA SB763
Bill
AI Summary
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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.
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Clarifies that resentencing petitions are available regardless of whether evidence or argument about the military-related condition was presented at trial.
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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.
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Prohibits resentencing from resulting in a sentence longer than the original sentence and guarantees credit for time served.
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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