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CA SB285

Bill

Status

Passed

9/29/2024

Primary Sponsor

Benjamin Allen

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Amends Penal Code Sections 1172.7 and 1172.75 to prohibit recall and resentencing for individuals convicted of sexually violent offenses and sentenced to death or life without parole, effective January 1, 2025.

  • The prohibition applies only to those who have not had their judgment reviewed and verified by the sentencing court as of January 1, 2025, and does not apply retroactively.

  • Preserves existing procedures for other individuals to challenge invalid sentence enhancements imposed prior to January 1, 2018 (controlled substances) and January 1, 2020 (prior prison terms).

  • Courts may conduct resentencing hearings remotely if the defendant agrees and may consider postconviction factors including disciplinary record, rehabilitation, and changed circumstances since original sentencing.

Legislative Description

Criminal procedure: sentencing.

Last Action

Chaptered by Secretary of State. Chapter 979, Statutes of 2024.

9/29/2024

Committee Referrals

Rules8/26/2024
Public Safety8/26/2024
Rules8/26/2024
Appropriations7/3/2024
Public Safety6/6/2024
Governmental Organization6/20/2023
Business and Professions5/26/2023
Business, Professions and Economic Development2/9/2023
Rules2/1/2023

Full Bill Text

No bill text available