SB 1331

Bill Subjects

Abstract

Existing law requires a court, if it concludes that a defendant convicted of a felony offense is or was a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant's military service, to consider that circumstance as a factor in mitigation when imposing a sentence. Existing law allows a defendant who is currently serving a felony sentence and meets these criteria to petition for resentencing if those criteria were not considered at the time of sentencing and the person was sentenced prior to January 1, 2015. This bill would allow a defendant meeting these criteria to petition for recall of sentence and resentencing without regard to whether the defendant was sentenced prior to January 1, 2015. The bill would clarify that this relief is available whether or not there was argument or evidence about the defendant's condition at trial.