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CA SB775
Bill
AI Summary
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Expands resentencing eligibility to include persons convicted of attempted murder under the natural and probable consequences doctrine, manslaughter when prosecution used felony murder theories, and murder under any theory where malice is imputed based solely on participation in a crime.
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Requires courts to hold a prima facie hearing to determine whether petitioners have made a prima facie case for relief and to provide written reasons if declining to issue an order to show cause.
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Requires courts to appoint counsel to petitioners upon request when receiving a petition with required information or information readily ascertainable by the court.
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Establishes that proof of substantial evidence to support a conviction is insufficient to prove beyond a reasonable doubt that a petitioner is ineligible for resentencing; prosecution bears the burden of proof beyond a reasonable doubt at resentencing hearings.
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Authorizes persons convicted of murder, attempted murder, or manslaughter whose convictions are not final to challenge the validity of those convictions on direct appeal based on changes to Sections 188 and 189 made effective January 1, 2019.
Legislative Description
Felony murder: resentencing.
Last Action
Chaptered by Secretary of State. Chapter 551, Statutes of 2021.
10/5/2021