summary
Introduced
02/16/2023
02/16/2023
In Committee
08/28/2023
08/28/2023
Crossed Over
05/31/2023
05/31/2023
Passed
Dead
11/30/2024
11/30/2024
Introduced Session
2023-2024 Session
Bill Summary
An act to add Section 1385.2 to the Penal Code, relating to sentencing.
AI Summary
This bill would require the Secretary of the Department of Corrections and Rehabilitation and county correctional administrators to identify persons in custody who, on or before January 1, 2018, were convicted of certain firearm enhancements. The bill would then authorize the court to recall the sentence and resentence the defendant, potentially resulting in a lesser sentence, unless the court finds by clear and convincing evidence that a lesser sentence would present an unreasonable risk of danger to public safety. The bill would also allow the court to strike or dismiss the enhancement in the interest of justice. Additionally, the bill would provide a process for individuals who have completed their sentence to apply for the enhancement to be recalled and vacated. Finally, the bill would require the state to reimburse local agencies and school districts for any costs mandated by the state as a result of the bill.
Committee Categories
Budget and Finance, Justice
Sponsors (1)
Last Action
In committee: Held under submission. (on 09/01/2023)
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