Dave Cortese
- Democratic
- Senator
- District 15
Author
Existing law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would authorize an individual serving a sentence of life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 25 years in custody. The bill would exempt individuals from relief under these provisions under certain circumstances, including if the individual was convicted of first degree murder of a peace officer, as specified. The bill would authorize the court to modify the petitioner's sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner's conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a special circumstance, unless the court finds that dismissal of the special circumstance is not appropriate. The bill would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner. The California Constitution, as amended by Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law, at the November 4, 2008, statewide general election, entitles the victim of a crime to specified rights, including to reasonable notice of all public proceedings, including all parole or other postconviction release proceedings. The bill would clarify that these proceedings constitute a "post-conviction release proceeding" under Marsy's Law.
From inactive file.
Ordered to third reading.
Notice of intention to remove from inactive file given by Assembly Member Kalra.
Ordered to inactive file on request of Assembly Member Kalra.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 5.) (September 1).
August 16 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 27). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 22. Noes 12. Page 1263.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1160.) (May 18).
Set for hearing May 18.
April 24 hearing: Placed on APPR suspense file.
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 658.) (April 11). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
Set for hearing April 11.
From printer. May be acted upon on or after February 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB94 | HTML |
| 01/18/23 - Introduced | |
| 03/23/23 - Amended Senate | |
| 05/18/23 - Amended Senate | |
| 06/20/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/07/23 - Amended Assembly |
| Document | Format |
|---|---|
| 04/07/23- Senate Public Safety | |
| 04/21/23- Senate Appropriations | |
| 05/18/23- Senate Appropriations | |
| 05/23/23- Sen. Floor Analyses | |
| 06/26/23- Assembly Public Safety | |
| 08/14/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/23- ASSEMBLY FLOOR ANALYSIS |
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