Bill Text: CA AB2765 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Proposition 47: sentence reduction.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 767, Statutes of 2016. [AB2765 Detail]

Download: California-2015-AB2765-Introduced.html

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BILL NUMBER: AB 2765	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 19, 2016

   An act to amend Section 1170.18 of the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2765, as introduced, Weber. Proposition 47: sentence reduction.

   Existing law, the Safe Neighborhoods and Schools Act, enacted by
Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, reduced the penalties for various crimes.
Under the provisions of the act, a person currently convicted of a
felony or felonies who would have been guilty of a misdemeanor under
the act if the act had been in effect at the time of the conviction
may petition or apply to have the sentence reduced in accordance with
the act. That act requires that this petition or application be
filed before November 4, 2017.
   Proposition 47 provides that its provisions may be amended by a
statute that is consistent with and furthers its intent and that is
passed by a 2/3 vote of each house of the Legislature and is signed
by the Governor. Proposition 47 also provides that the Legislature
may, by majority vote, amend, add, or repeal provisions to further
reduce the penalties for offenses it addresses.
   Because the bill would remove the time limitation for petitioning
or applying for a reduction of sentence, the bill would amend the act
and would require a 2/3 vote of the Legislature.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1170.18 of the Penal Code is amended to read:
   1170.18.  (a) A person currently serving a sentence for a
conviction, whether by trial or plea, of a felony or felonies who
would have been guilty of a misdemeanor under the act that added this
section ("this act") had this act been in effect at the time of the
offense may petition for a recall of sentence before the trial court
that entered the judgment of conviction in his or her case to request
resentencing in accordance with Sections 11350, 11357, or 11377 of
the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496,
or 666 of the Penal Code, as those sections have been amended or
added by this act.
   (b) Upon receiving a petition under subdivision (a), the court
shall determine whether the petitioner satisfies the criteria in
subdivision (a). If the petitioner satisfies the criteria in
subdivision (a), the petitioner's felony sentence shall be recalled
and the petitioner resentenced to a misdemeanor pursuant to Sections
11350, 11357, or 11377 of the Health and Safety Code, or Section
459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code,  as 
those sections have been amended or added by this act, unless the
court, in its discretion, determines that resentencing the petitioner
would pose an unreasonable risk of danger to public safety. In
exercising its discretion, the court may consider all of the
following:
   (1) The petitioner's criminal conviction history, including the
type of crimes committed, the extent of injury to victims, the length
of prior prison commitments, and the remoteness of the crimes.
   (2) The petitioner's disciplinary record and record of
rehabilitation while incarcerated.
   (3) Any other evidence the court, within its discretion,
determines to be relevant in deciding whether a new sentence would
result in an unreasonable risk of danger to public safety.
   (c) As used throughout this Code, "unreasonable risk of danger to
public safety" means an unreasonable risk that the petitioner will
commit a new violent felony within the meaning of clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667.
   (d) A person who is resentenced pursuant to subdivision (b) shall
be given credit for time served and shall be subject to parole for
one year following completion of his or her sentence, unless the
court, in its discretion, as part of its resentencing order, releases
the person from parole. Such person is subject to Section 3000.08
parole supervision by the Department of Corrections and
Rehabilitation and the jurisdiction of the court in the county in
which the parolee is released or resides, or in which an alleged
violation of supervision has occurred, for the purpose of hearing
petitions to revoke parole and impose a term of custody.
   (e) Under no circumstances may resentencing under this section
result in the imposition of a term longer than the original sentence.

   (f) A person who has completed his or her sentence for a
conviction, whether by trial or plea, of a felony or felonies who
would have been guilty of a misdemeanor under this act had this act
been in effect at the time of the offense, may file an application
before the trial court that entered the judgment of conviction in his
or her case to have the felony conviction or convictions designated
as misdemeanors.
   (g) If the application satisfies the criteria in subdivision (f ),
the court shall designate the felony offense or offenses as a
misdemeanor.
   (h) Unless requested by the applicant, no hearing is necessary to
grant or deny an application filed under subsection (f ).
   (i) The provisions of this section shall not apply to persons who
have one or more prior convictions for an offense specified in clause
(iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
Section 667 or for an offense requiring registration pursuant to
subdivision (c) of Section 290. 
   (j) Any petition or application under this section shall be filed
within three years after the effective date of the act that added
this section or at a later date upon a showing of good cause.
 
   (k) 
    (j)  Any felony conviction that is recalled and
resentenced under subdivision (b) or designated as a misdemeanor
under subdivision (g) shall be considered a misdemeanor for all
purposes, except that such resentencing shall not permit that person
to own, possess, or have in his or her custody or control any firearm
or prevent his or her conviction under Chapter 2 (commencing with
Section 29800) of Division 9 of Title 4 of Part 6. 
   (  l  )
    (k)  If the court that originally sentenced the
petitioner is not available, the presiding judge shall designate
another judge to rule on the petition or application. 
   (m) 
    (l)  Nothing in this section is intended to diminish or
abrogate any rights or remedies otherwise available to the petitioner
or applicant. 
   (n) 
    (m)  Nothing in this and related sections is intended to
diminish or abrogate the finality of judgments in any case not
falling within the purview of this act. 
   (o) 
    (n)  A resentencing hearing ordered under this act shall
constitute a "post-conviction release proceeding" under paragraph
(7) of subdivision (b) of Section 28 of Article I of the California
Constitution (Marsy's Law).