Bill Text: CA AB2483 | 2023-2024 | Regular Session | Amended
Bill Title: Postconviction proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-17 - In committee: Set, first hearing. Referred to suspense file. [AB2483 Detail]
Download: California-2023-AB2483-Amended.html
|
Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2483
| Introduced by Assembly Member Ting |
February 13, 2024 |
An act to amend Section 1213 of, and to add Section 1171 to, the Penal Code, relating to postconviction proceedings.
LEGISLATIVE COUNSEL'S DIGEST
AB 2483, as amended, Ting.
Postconviction proceedings.
Existing law authorizes a court to resentence a defendant under specified circumstances, including, among others, when the person was convicted of specified crimes that have since been repealed or had their sentences reduced.
This bill would require the presiding judge of each county superior court to, on or before March 1, 2025, convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings, as specified. The bill would require that meeting to include, among others, a representative from the district attorney, public defender, department of probation, and sheriff. By imposing additional duties on local entities, this bill would impose a state-mandated local program. The bill would require postconviction proceedings, among other things, to include a consideration of whether or not to appoint counsel to represent
the petitioner and to allow the court to modify every aspect of the petitioner’s sentence, including if it was imposed after a guilty plea, except as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.
Existing law, when a probationary order or a judgment has been pronounced, requires that a copy of that order or judgment be sent to the officer whose duty it is to execute the order or judgment, as specified.
This bill would, when a person has been resentenced and their expected remaining time in custody is less than 30 days, require that copy to be furnished to the executing officer within 24 hours.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) For the last decade, California has authorized thousands of incarcerated people to return to court to have their sentences reconsidered and reduced.
(b) According to the Committee on Revision of the Penal Code, the adoption of new ameliorative sentencing legislation on a regular basis has left courts and practitioners with little specific guidance for how to put the new laws into practice, resulting in wide variation and inefficiency across the state.
(c) Creating uniform resentencing procedures would help resolve cases efficiently and consistently
across the state while reducing costly litigation.
SEC. 2.
Section 1171 is added to the Penal Code, to read:1171.
(a) For the purposes of this section, “postconviction proceeding” means a proceeding to modify a sentence or conviction pursuant to an ameliorative statute. Ameliorative statutes include, but are not limited to, Sections 1170.1, 1170.18, 1172.6, 1172.7, and 1172.75.(b) On or before March 1, 2025, the presiding judge of each county superior court, or their designee, shall convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings. At a minimum, the meeting shall include a representative from the district attorney, the public defender or other representative of indigent defense services, the department of probation, the sheriff, the Department of Corrections and Rehabilitation, and the clerk of the court’s
office. At the meeting, the presiding judge or their designee shall determine how postconviction proceedings will be assigned to individual judges, including whether they will take place before the original sentencing judge or designated judge. The presiding judge may set further meetings at their discretion.
(c) The following shall apply for all postconviction proceedings unless there is a conflict with a more specific rule established in statute, in which case the more specific statute shall apply:
(1) Upon receiving a petition to begin a postconviction proceeding, the court shall consider whether to appoint counsel to represent the petitioner. This section does not prevent the court from assigning counsel at a later time.
(2) The court may consider any pertinent circumstances that have arisen since the prior
sentence was imposed and has jurisdiction to modify every aspect of the petitioner’s sentence, including if it was imposed after a guilty plea.
(3) Any changes to a sentence shall not be a basis for a prosecutor or court to rescind a plea agreement.
(4) The court shall state on the record the reasons for its decision to grant or deny the initial petition and shall provide notice to the petitioner of its decision.
(5) After ruling on a petition authorized by this section, the court shall advise the petitioner of their right to appeal and the necessary steps and time for taking an appeal.
(6) The parties may waive a resentencing hearing. If the hearing is not waived, the resentencing hearing may be conducted remotely through the use of remote technology,
if the petitioner agrees. If a victim of a crime wishes to be heard pursuant to the provisions of Section 28 of Article I of the California Constitution, or pursuant to any other provision of law applicable to the hearing, the victim shall notify the prosecution of their request to be heard within 15 days of being notified that resentencing is being sought and the court shall provide an opportunity for the victim to be heard.
(d) This section does not diminish the ability of the prosecution to oppose relief requested in a postconviction proceeding.
(e) This section shall not be interpreted to authorize anything prohibited by an initiative statute.
(f) Upon request from the petitioner’s attorney, the Department
of Corrections and Rehabilitation shall promptly make available any institutional records to the attorney that will assist the court’s determination in the postconviction proceeding.
SEC. 3.
Section 1213 of the Penal Code is amended to read:1213.
(a) (1) When a probationary order or a judgment, other than of death, has been pronounced, a copy of the entry of that portion of the probationary order ordering the defendant confined in a city or county jail as a condition of probation, or a copy of the entry of the judgment, or, if the judgment is for imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, either a copy of the minute order or an abstract of the judgment as provided in Section 1213.5, certified by the clerk of the court, and a Criminal Investigation and Identification (CII) number shall be forthwith furnished to the officer whose duty it is to execute the probationary order or judgment, and no other warrant or authority is necessary to justify or require its execution.(2) When a person has been resentenced and the expected remaining time to serve in custody is less than 30 days, the information described in paragraph (1) shall be furnished to the executing officer within 24 hours. The information may be furnished by electronic means.
(b) If a copy of the minute order is used as the commitment document, the first page or pages shall be identical in form and content to that prescribed by the Judicial Council for an abstract of judgment, and other matters as appropriate may be added thereafter.
