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CA SB94

Bill

Status

Engrossed

5/24/2023

Primary Sponsor

Dave Cortese

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Allows individuals serving life without parole sentences for pre-June 5, 1990 offenses to petition for recall and resentencing if they have served at least 25 years in custody and had special circumstances found true.

  • Excludes individuals convicted of first-degree murder of a peace officer, murder as actual killer of three or more people, or those convicted of sexual offenses requiring registration under Section 290.

  • Requires courts to consider and afford great weight to specified mitigating circumstances including victim status (intimate partner violence, sexual violence, human trafficking), childhood trauma, military service trauma, cognitive/intellectual disability, mental illness, youth at time of offense, and racial bias.

  • Permits resentencing courts to modify sentences to impose lesser sentences, apply law changes providing judicial discretion, or vacate convictions and impose judgment on lesser included offenses, with minimum sentence of 25 years to life with parole eligibility.

  • Designates these resentencing proceedings as "post-conviction release proceedings" under Marsy's Law, requiring notice and opportunity to be heard for victims who request it.

Legislative Description

Recall and resentencing: special circumstances.

Last Action

Ordered to third reading.

8/13/2024

Committee Referrals

Appropriations6/28/2023
Public Safety6/1/2023
Appropriations4/11/2023
Public Safety1/25/2023
Rules1/18/2023

Full Bill Text

No bill text available