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CA SB285
Bill
AI Summary
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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.
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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.
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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).
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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