Today's Law As Amended

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AB-972 Proposition 47: resentencing.(2019-2020)



SECTION 1.

 Section 1170.181 is added to the Penal Code, to read:

1170.181.
 (a) On or before July 1, 2020, the Department of Justice shall review the records in the state summary criminal history information database and shall identify past convictions that are potentially eligible for resentencing pursuant to Section 1170.18 for persons not excluded pursuant to subdivision (i) of Section 1170.18. The department shall notify the district attorney and the court of all cases in that jurisdiction that are potentially eligible for resentencing.
(b) The district attorney shall have until November 4, 2022, to review the cases for which the district attorney is notified pursuant to subdivision (a) and determine whether the conviction meets the criteria established in subdivision (f) of Section 1170.18.
(c) (1) On or before November 4, 2022, the district attorney shall do both of the following:
(A) Inform the court of which convictions meet the criteria established in subdivision (f) of Section 1170.18.
(B) Inform the court and the public defender of which convictions do not meet the criteria established in subdivision (f) of Section 1170.18.
(2) The public defender, upon receiving notice from the district attorney pursuant to subparagraph (B) of paragraph (1), shall make a reasonable effort to notify the person that the conviction has been deemed by the district attorney to not meet the criteria for resentencing under Section 1170.18.
(d) Unless the district attorney notifies the court that a conviction does not meet the criteria established in subdivision (f) of Section 1170.18 by November 4, 2022, the court shall recall the sentence and resentence the person pursuant to Section 1170.18.
(e) The court shall notify the department of the resentencing and the department shall modify the state summary criminal history information database accordingly.
(f) The department shall post general information on its internet website about the resentencing process required by this section.
(g) It is the intent of the Legislature that persons who proactively petition for a resentencing pursuant to Section 1170.18 be prioritized for review over persons being automatically assessed pursuant to this section.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.