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CA SB775

Bill

Status

Passed

10/5/2021

Primary Sponsor

Josh Becker

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Origin

Senate

2021-2022 Session

AI Summary

  • 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.

  • 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.

  • Requires courts to appoint counsel to petitioners upon request when receiving a petition with required information or information readily ascertainable by the court.

  • 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.

  • 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

Committee Referrals

Appropriations7/14/2021
Public Safety6/10/2021
Appropriations4/14/2021
Public Safety3/3/2021
Rules2/19/2021

Full Bill Text

No bill text available