Bill Text: CA AB1706 | 2021-2022 | Regular Session | Amended
Bill Title: Cannabis crimes: resentencing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-18 - Chaptered by Secretary of State - Chapter 387, Statutes of 2022. [AB1706 Detail]
Download: California-2021-AB1706-Amended.html
Amended
IN
Assembly
March 10, 2022 |
Introduced by Assembly Member Mia Bonta |
January 26, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it a crime to rent, lease, or make available a space for the purpose of unlawfully manufacturing, storing, or distributing a controlled substance, or to conspire to commit specified crimes.
This bill would authorize a person to petition for the reduction of a felony conviction for the above crimes, when the underlying crime involved cannabis, to a misdemeanor. The bill would require the Department of Justice, no later than July 1, 2023, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible
for redesignation and notify the prosecution that those convictions are eligible for reduction. The bill would require the prosecution to determine whether to challenge the reduction on or before January 1, 2024, and would require the court to reduce the unchallenged conviction on or before July 1, 2024, and to resolve the challenged convictions on or before January 1, 2025. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a) A person currently serving a felony sentence in state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code for a conviction, whether by trial or by open or negotiated plea, for a violation of Section 11366.5 or Section 182 of the Penal Code may petition for a recall of the sentence and resentencing as a misdemeanor before the trial court that entered the judgment of conviction if the offense involved cannabis and no other controlled substance.
(b)Upon receiving a petition under subdivision (a), the court shall presume the petitioner satisfies the criteria in subdivision (a) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner
satisfies the criteria in subdivision (a), the court shall grant the petition to recall the sentence because it is legally invalid unless the court determines that granting the petition would pose an unreasonable risk of danger to public safety.
(1)In exercising its discretion, the court may consider, but shall not be limited to, evidence provided for in subdivision (b) of Section 1170.18 of the Penal Code.
(2)As used in this section, “unreasonable risk of danger to public safety” has the same meaning as provided in subdivision (c) of Section 1170.18 of the Penal Code.
(c)A person who is serving a sentence and is resentenced pursuant to subdivision (b) shall be given credit for any time already served.
(d)Resentencing under this section shall not
result in the imposition of a term longer than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement.
(e)A person who has completed their sentence for a felony violation of Section 11366.5 or Section 182 of the Penal Code, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction redesignated as a misdemeanor.
(1)The court shall presume the petitioner satisfies the criteria in subdivision (e) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in this subdivision. Once the applicant satisfies the criteria in this subdivision, the court shall redesignate the conviction as a misdemeanor.
(2)Unless requested by the
applicant, no hearing is necessary to grant or deny an application filed under this subdivision.
(f)A felony conviction that is recalled and resentenced under subdivision (b) or redesignated as a misdemeanor under subdivision (e) shall be considered a misdemeanor for all purposes.
(g)(1)On or before July 1, 2023, the Department of Justice shall review the records in the state summary criminal history information database and shall identify past convictions that are potentially eligible for redesignation pursuant to this section. The department shall notify the prosecution of all cases in their jurisdiction that are eligible for redesignation.
(2)The prosecution shall have until January 1, 2024, to review all cases and determine whether to challenge the redesignation. The prosecution may
challenge the redesignation when the person does not meet the criteria for redesignation or presents an unreasonable risk to public safety, as defined in Section 1170.18 of the Penal Code.
(3)On or before January 1, 2024, the prosecution shall inform the court and the public defender’s office in their county when they are challenging a particular redesignation. The public defender’s office, upon receiving notice from the prosecution, shall make a reasonable effort to notify the person whose redesignation is being challenged. Redesignations that are challenged by the prosecution shall be resolved and either the application dismissed or the redesignation granted on or before January 1, 2025.
(4)A redesignation that is not challenged as of January 1, 2024, shall be deemed redesignated as a misdemeanor pursuant to this section and the court shall, on or before July 1, 2024, update
its records and inform the Department of Justice of the redesignation.
(h)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.
(i)(1)This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(2)A resentencing hearing pursuant to this section 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).
(j)The provisions of this section shall apply equally to juvenile delinquency adjudications and dispositions under Section 602 of the Welfare and
Institutions Code.
(k)The department shall post general information on its internet website about the redesignation authorized in this section.
(l)The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.
SEC. 2.SECTION 1.
Section 11361.9 of the Health and Safety Code is amended to read:11361.9.
(a) On or before July 1, 2019, the Department of Justice shall review the records in the state summary criminal history information database and shall identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8. The department shall notify the prosecution of all cases in their jurisdiction that are eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation.(2)On or before July 1, 2020, the prosecution shall do both of the following:
(A)Inform the court and the public defender’s office in their county when they are challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation.
(B)Inform the court when they are not challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation.
(3)
(d)(1)If the prosecution does not challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation by July 1, 2020, the court shall reduce or dismiss the conviction pursuant to Section 11361.8.
(2)As of January 1, 2023, the sentence shall be deemed to have been reduced or dismissed pursuant to this section if either of the following apply:
(A)The case has been reviewed and the prosecution has not challenged the resentencing, dismissal, or sealing.
(B)The case is eligible for relief pursuant to this section, but has not been reviewed.
(3)On or before January 1, 2023, the court shall update its records in accordance with paragraph (2) and shall report all cases where the sentence has been reduced, dismissed, or sealed pursuant to that paragraph to the Department of Justice for adjustment of the state summary criminal history information database. On or before July 1, 2023, the Department of Justice shall complete the update of the state summary criminal history information database, and shall notify all third parties that access the data to ensure that inaccurate criminal history is not reported.
(4)(A)For cases that have been reviewed and the prosecution has challenged the sealing but the court has not proceeded, the sentence shall be
deemed to have been sealed pursuant to Section 11361.8.
(B)For cases that have been reviewed and the prosecution has challenged the reduction or dismissal, the court shall hear and decide on the case on or before July 1, 2023.
(f)The Judicial Council shall monitor the process and produce a monthly report to the Legislature that includes, but is not limited to, tracking of the following metrics:
(1)Status of cases reduced, dismissed, or sealed.
(2)Status of cases challenged by the prosecution and presumptively sealed or heard by a court for dismissal or reduction.
(3)The status of the Department of Justice’s update to the state summary criminal history database.
(4)The status of the public awareness campaign to provide notification to impacted individuals.
(g)
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.