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CA AB600

Bill

Status

Passed

10/8/2023

Primary Sponsor

Philip Ting

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Courts may recall sentences at any time if sentencing laws change after the original conviction due to new statutory authority or case law, in addition to the existing 120-day window.

  • Eliminated the requirement that the district attorney or Attorney General must concur with resentencing decisions to vacate convictions and impose reduced sentences.

  • Courts cannot impose lesser offenses without consent from both the defendant and prosecutor when a conviction resulted from a plea bargain and sentence recall is initiated by the court on its own motion.

  • Expanded postconviction factors courts must consider to include violations of constitutional rights, trauma history, intimate partner violence, human trafficking victimization, and youth status at time of offense.

  • Changed the presumption standard from overcoming it with "unreasonable risk of danger" to requiring courts to find the defendant "currently poses an unreasonable risk of danger to public safety" before denying resentencing.

Legislative Description

Criminal procedure: resentencing.

Last Action

Chaptered by Secretary of State - Chapter 446, Statutes of 2023.

10/8/2023

Committee Referrals

Appropriations6/28/2023
Public Safety6/14/2023
Rules6/1/2023
Appropriations3/14/2023
Public Safety2/17/2023

Full Bill Text

No bill text available