Bill Text: CA SB481 | 2021-2022 | Regular Session | Amended
Bill Title: Sentencing: special circumstances.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2022-02-01 - Died on file pursuant to Joint Rule 56. [SB481 Detail]
Download: California-2021-SB481-Amended.html
Amended
IN
Senate
April 19, 2021 |
Amended
IN
Senate
March 10, 2021 |
Introduced by Senator Durazo |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides a punishment of imprisonment for life without the possibility of parole as a possible punishment for certain criminal offenses.
Existing law allows an inmate serving a sentence of life without the possibility of parole for an offense that was committed when the inmate was under 18 years of age to petition the court to have that sentence recalled and to be resentenced to a lesser sentence, as specified, if the inmate has served at least 15 years of their sentence and meets certain other specified criteria. Existing law makes this process unavailable to any inmate serving a sentence for murder in which the inmate tortured their victim,
or in which the victim was a public safety official, including a firefighter or peace officer.
Existing law, the Gang Violence and Juvenile Crime Prevention Act of 1998, an initiative measure enacted by Proposition 21, as approved by the voters at the March 7, 2000, statewide primary election, among other things, imposed a sentence of death or imprisonment for life without the possibility of parole for gang-related murder. Existing law authorizes the provisions of Proposition 21 to be amended by a statute enacted by the Legislature with a
This bill would extend the applicability of these resentencing provisions to any inmate serving a sentence of life without the possibility of parole for an offense that was
committed when the inmate was under 26 years of age. The bill would also make the process available to those inmates serving a sentence for murder in which the inmate tortured their victim, or in which the victim was a public safety official, including a firefighter or peace officer.
Because this bill would extend resentencing provisions to certain inmates serving a sentence of life without the possibility of parole for gang-related murder, the bill would amend Proposition 21.
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.
Section 1385.1 of the Penal Code is repealed.Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.