Bill Text: CA AB1809 | 2023-2024 | Regular Session | Amended

---

Bill Title: Recall and resentencing.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed) 2024-06-05 - Referred to Coms. on PUB S. and APPR. [AB1809 Detail]

Download: California-2023-AB1809-Amended.html

---

Amended  IN  Assembly  March 13, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1809

---

Introduced by Assembly Member Rodriguez
(Coauthors: Assembly Members Alanis, Lackey, Stephanie Nguyen, Ramos, and Villapudua)
(Coauthors: Senators Alvarado-Gil, Dodd, and Hurtado)

January 09, 2024

---

An act to amend Section 1170.02 of the Penal Code, relating to sentencing.

LEGISLATIVE COUNSEL'S DIGEST

AB 1809, as amended, Rodriguez. Recall and resentencing.

Existing law requires the Department of Corrections and Rehabilitation to recommend that an incarcerated person’s sentence be recalled if the incarcerated person has a serious and advanced illness with an end-of-life trajectory or is permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living, as specified. Existing law exempts an incarcerated person who was convicted of first-degree murder of a peace officer from seeking recall and resentencing under these provisions.

Existing law additionally authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and either reduce a defendant’s term by modifying the sentence, or vacate the conviction and impose judgment on any necessarily included lesser offense or lesser related offense, and resentence the defendant to a reduced term, as specified.

This bill would additionally prohibit an incarcerated person convicted of first-degree murder of a peace officer from seeking recall and resentencing under the provision permitting the court to recall and resentence a defendant convicted of a felony offense. The bill would specify that an individual would not be rendered ineligible for relief under these provisions if there is evidence that the incarcerated person’s constitutional rights were violated in the proceedings related to the conviction or sentence at issue, or if there was evidence that undermines the integrity of the underlying conviction or sentence.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1170.02 of the Penal Code is amended to read:

1170.02.

 An (a) Except as provided in subdivision (b), an incarcerated person is not eligible for resentence or recall pursuant to Section 1172.1 or 1172.2 if they were convicted of first-degree murder, if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections and was intentionally killed in retaliation for the performance of their official duties.

(b) An incarcerated person described in subdivision (a) is not ineligible for recall and resentencing pursuant to Section 1172.1 if there is evidence that their constitutional rights were violated in the proceedings related to the conviction or sentence at issue, or there is any other evidence that undermines the integrity of the underlying conviction or sentence.