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

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Date Published: 02/21/2019 09:00 PM
AB972:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 972


Introduced by Assembly Member Bonta

February 21, 2019


An act to add Section 1170.181 to the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


AB 972, as introduced, Bonta. Proposition 47: resentencing.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. The act required that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. Existing law requires that the petition be filed on or before November 4, 2022, or at a later date upon showing of good cause.
This bill would, on or before July 1, 2020, amend Proposition 47 to require the Department of Justice to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for resentencing under the act. The bill would require the department to notify the district attorney and the court of all cases in that jurisdiction that are potentially eligible for resentencing. The bill would require the district attorney, before November 2, 2022, to review those cases to determine whether the conviction meets the criteria for resentencing, and to notify the court if the case meets the criteria, or the court and the public defender if it does not. The bill would require the public defender, when notified by the district attorney that a case does not meet the requirements for resentencing, to 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. The bill would require a court to recall the sentence and resentence the person unless the district attorney notifies the court that a conviction does not meet the criteria for resentencing. The bill would require the department to post specified information relating to resentencing on its internet website. By increasing the duties of district attorneys and public defenders, this bill would impose a state-mandated local program.
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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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.