Bill > AB1279

This bill amends California's Three Strikes Law to prohibit using juvenile adjudications or convictions that occurred before a person turned 18 as prior serious or violent felony convictions for sentence enhancement purposes. The legislation recognizes that youth are fundamentally different from adults in their decision-making and culpability, and aims to promote fairness and rehabilitation. Under the bill, individuals who were previously sentenced with sentence enhancements based on juvenile records can now petition the court to have those prior adjudications vacated and potentially be resentenced. The petitioner must demonstrate they meet specific eligibility criteria, such as the underlying offense occurring when they were under 18. If the court finds the petitioner eligible, a hearing will be held where the prosecution must prove beyond a reasonable doubt that the individual does not qualify for resentencing. If resentenced, the new sentence cannot be longer than the original sentence, and the individual may be subject to up to three years of parole supervision. The bill reflects a growing understanding that juvenile offenders should be evaluated differently from adult criminals, acknowledging their greater potential for rehabilitation and the disproportionate impact of using juvenile records for sentencing enhancements.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1279