Bill Text: CA AB1793 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Cannabis convictions: resentencing.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 993, Statutes of 2018. [AB1793 Detail]

Download: California-2017-AB1793-Amended.html

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Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1793

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Introduced by Assembly Member Bonta
(Principal coauthors: Senators Skinner and Wiener)
(Coauthor: Assembly Member Quirk)

January 09, 2018

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An act to add Section 11361.9 to the Health and Safety Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 1793, as amended, Bonta. Cannabis convictions. convictions: resentencing.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall and resentencing of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA.

This bill would state the intent of the Legislature to enact legislation to allow automatic expungement or reduction of a prior cannabis conviction, as specified.

This bill would require the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for resentencing or dismissal pursuant to AUMA. The bill would require the department to notify the courts of all cases in their jurisdiction that are eligible for resentencing or dismissal. The bill would require the courts to notify the prosecution of all cases under review and would authorize the prosecution to challenge the resentencing or dismissal if the person does not meet the eligibility requirements or presents an unreasonable risk to public safety. The bill would require the court to automatically resentence or dismiss the conviction pursuant to AUMA if there is no challenge. The bill would require the department to modify the state summary criminal history information database in conformance with the resentencing or dismissal within 30 days and to give specified notifications to the eligible person.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 11361.9 is added to the Health and Safety Code, 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 resentencing or dismissal pursuant to Section 11361.8. The department shall notify the superior courts of all cases in their jurisdiction that are eligible for resentencing or dismissal and shall notify the person whose conviction is being considered.

(b) A court that receives notice pursuant to subdivision (a) shall notify the prosecution in all cases under review that the conviction is being reviewed for resentencing or dismissal. The prosecution shall have 30 days from receipt of notice to review the case and determine whether to challenge the resentencing or dismissal.

(c) (1) The prosecution may challenge the resentencing or dismissal when the person does not meet the criteria established in Section 11361.8 or presents an unreasonable risk to public safety. When challenging the resentencing or dismissal, the prosecution shall notify the court and the department and shall state the reasons for that challenge. If the resentencing or dismissal is challenged, the court shall review the case pursuant to the provisions of Section 11361.8.

(2) The department, when it receives notice that a resentencing or dismissal is being challenged pursuant to paragraph (1), shall notify the eligible person.

(d) If the prosecution does not challenge the resentencing or dismissal within 30 days after receiving notice, the court shall reduce or dismiss the conviction pursuant to Section 11361.8.

(e) The court shall notify the department of the resentencing or dismissal and the department shall modify the state summary criminal history information database accordingly. The department shall make the changes and notify the person whose record has been modified within 30 days.

SECTION 1.

It is the intent of the Legislature to enact legislation to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.