Bill Text: CA SB300 | 2021-2022 | Regular Session | Amended
Bill Title: Crimes: murder: punishment.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2022-08-29 - Ordered to inactive file on request of Assembly Member Kalra. [SB300 Detail]
Download: California-2021-SB300-Amended.html
Amended
IN
Senate
July 07, 2021 |
Amended
IN
Senate
May 20, 2021 |
Amended
IN
Senate
March 11, 2021 |
Introduced by Senator Cortese (Coauthors: Senators Bradford, Kamlager, Skinner, and Wiener) |
February 03, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would also provide a procedure for incarcerated inmates previously convicted under that provision and awaiting execution or serving a sentence of imprisonment for life without the possibility of parole to petition the court to recall the sentence and resentence the inmate.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(f)It is the intent of the Legislature to apply this change to Section 190.2 of the Penal Code retroactively, to ensure that no person remains under sentence of death or life without the possibility of parole if they did not personally kill or intend to kill. It is the intent of the Legislature to apply the repeal of Section 1385.1 of the Penal Code retroactively, to provide judges with discretion to impose appropriate sentences in the interests of justice during resentencing proceedings.
(g)
SEC. 2.
Section 190.2 of the Penal Code is amended to read:190.2.
(a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(a)An incarcerated person sentenced to death or serving a sentence of imprisonment for life without the possibility of parole for a conviction of murder in which one or more felony murder special circumstances has been found true pursuant to paragraph (17) of subdivision (a) of Section 190.2, may file a petition to have the special circumstance findings vacated and to have their sentence recalled for any count in which the person was not the actual killer and did not act with intent to kill.
(b)(1)The petition shall be filed with the presiding judge of the court that sentenced the petitioner and served by the petitioner on the district
attorney, or on the agency that prosecuted the petitioner, and on the attorney who represented the petitioner in the trial court or on the public defender of the county where the petitioner was convicted. The presiding judge may assign the petition to the judge that originally sentenced the petitioner or another judge designated to review such petitions. The petition shall include all of the following:
(A)A declaration by the petitioner that the petitioner is eligible for relief pursuant to subdivision (a).
(B)The superior court case number and year of the petitioner’s conviction.
(C)Whether the petitioner requests the appointment of counsel.
(2)If
any of the information required by this subdivision is missing from the petition and cannot be readily ascertained by the court, the court may deny the petition without prejudice to the filing of another petition and advise the petitioner that the matter cannot be considered without the missing information. A court may not summarily deny the petition for any other reason. If the petitioner has requested counsel, the court shall appoint counsel to represent the petitioner.
(c)The prosecutor shall file and serve a response within 60 days of service of the petition and the petitioner may file and serve a reply within 30 days after the prosecutor’s response is served. These deadlines shall be extended for good cause. If the petitioner makes a prima facie showing that the petitioner is entitled to relief, the court shall issue an order to show
cause.
(d)(1)Within 60 days after the order to show cause has issued, the court shall hold a hearing to determine whether to vacate the special circumstance finding or findings and to recall the sentence and resentence the petitioner on any remaining counts in the same manner as if the petitioner had not been previously sentenced, provided that the new sentence, if any, is not greater than the initial sentence. This deadline may be extended for good cause.
(2)At the hearing to determine whether the petitioner is entitled to relief, the burden of proof shall be on the prosecution to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing. If the prosecution fails to sustain its burden of proof, the prior special circumstance finding
or findings shall be vacated and the petitioner shall be resentenced on the remaining charges. The prosecutor and the petitioner may rely on the record of conviction or offer new or additional evidence to meet their respective burdens.
(e)This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner.
(f)A person who is resentenced pursuant to this section shall be given credit for time served.