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CA AB600
Bill
Status
10/8/2023
Primary Sponsor
Philip Ting
Click for details
AI Summary
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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.
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Eliminated the requirement that the district attorney or Attorney General must concur with resentencing decisions to vacate convictions and impose reduced sentences.
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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.
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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.
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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