summary
Introduced
02/09/2023
02/09/2023
In Committee
09/01/2023
09/01/2023
Crossed Over
05/31/2023
05/31/2023
Passed
09/13/2023
09/13/2023
Dead
Signed/Enacted/Adopted
10/08/2023
10/08/2023
Introduced Session
2023-2024 Session
Bill Summary
An act to amend Section 1172.1 of the Penal Code, relating to criminal procedure.
AI Summary
This bill would allow the court to recall a sentence and resentence a defendant at any time if the applicable sentencing laws at the time of the original sentencing have subsequently changed due to new statutory or case law authority. It would eliminate the requirement that the district attorney or Attorney General concur with the resentencing court's decision to vacate the defendant's conviction and resentence the defendant to a reduced term. The bill would require the court to consider post-conviction factors, including evidence that the defendant's constitutional rights were violated or that incarceration is no longer in the interest of justice. It would establish a presumption favoring recall and resentencing that can only be overcome if the court finds the defendant currently poses an unreasonable risk of danger to public safety.
Committee Categories
Budget and Finance, Justice
Sponsors (3)
Last Action
Chaptered by Secretary of State - Chapter 446, Statutes of 2023. (on 10/08/2023)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...