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SB-775 Felony murder: resentencing.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
SB775:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 775


Introduced by Senator Becker

February 19, 2021


An act to amend Section 1170.95 of the Penal Code, relating to murder.


LEGISLATIVE COUNSEL'S DIGEST


SB 775, as introduced, Becker. Felony murder: resentencing.
Existing law authorizes a person who has been convicted of felony murder or murder under the natural and probable consequences theory to file a petition for the court to vacate the person’s sentence and resentence them when specified conditions apply, including that the complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine.
This bill would expand the authorization to allow a person who was convicted of attempted murder under the natural and probable consequences doctrine or who was convicted of manslaughter when the prosecution was allowed to proceed on a theory of felony murder or murder under the natural and probable consequences doctrine, to apply to have their sentence vacated and be resentenced if, among other things, the complaint, information, or indictment was filed to allow the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine, or attempted murder under the natural and probable consequences doctrine.
Existing law requires the court to review the petition and determine that the petitioner has made a prima facie showing that the petitioner falls within the resentencing provisions.
This bill would require a court to find a prima facie showing has been made unless the declaration fails to show that they meet the requirements for resentencing. The bill would require a court to hold a prima facie hearing prior to denying a petition and, if the court believes the petitioner has not made a prima facie showing, to appoint counsel to represent the petitioner at that hearing.
Existing law requires the court to hold a hearing to determine if the petitioner is entitled to relief under these provisions.
This bill would specify that a finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1170.95 of the Penal Code is amended to read:

1170.95.
 (a) A person convicted of felony murder or murder under a natural and probable consequences theory doctrine, attempted murder under the natural and probable consequences doctrine, or manslaughter may file a petition with the court that sentenced the petitioner to have the petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply:
(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder, murder under the natural and probable consequences doctrine, or attempted murder under the natural and probable consequences doctrine.
(2) The petitioner was convicted of first degree or second degree murder murder, attempted murder, or manslaughter following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be have been convicted for first degree or second degree murder or attempted murder.
(3) The petitioner could not presently be convicted of first or second degree murder or attempted murder because of changes to Section 188 or 189 made effective January 1, 2019.
(b) (1) The petition shall be filed with the court that sentenced the petitioner and served by the petitioner on the district attorney, or on the agency that prosecuted the petitioner, and on the attorney who represented the petitioner in the trial court or on the public defender of the county where the petitioner was convicted. If the judge that originally sentenced the petitioner is not available to resentence the petitioner, the presiding judge shall designate another judge to rule on the petition. The petition shall include all of the following:
(A) A declaration by the petitioner that he or she the petitioner is eligible for relief under this section, based on all the requirements of subdivision (a).
(B) The superior court case number and year of the petitioner’s conviction.
(C) Whether the petitioner requests the appointment of counsel.
(2) If any of the information required by this subdivision is missing from the petition and cannot be readily ascertained by the court, the court may deny the petition without prejudice to the filing of another petition and advise the petitioner that the matter cannot be considered without the missing information.
(c) The court shall review the petition and determine if the petitioner has made a prima facie showing that the petitioner falls within the provisions of this section. A court shall find a prima facie showing has been made unless the declaration fails to comply with the requirements of subdivision (a). If the court believes the petitioner has not made a prima facie showing that the petitioner falls within the provisions of this section, the court shall appoint counsel to represent the petitioner at a prima facie hearing. The court shall hold a prima facie hearing before denying a petition. If the petitioner has requested counsel, the court shall appoint counsel to represent the petitioner. The prosecutor shall file and serve a response within 60 days of service of the petition and the petitioner may file and serve a reply within 30 days after the prosecutor response is served. These deadlines shall be extended for good cause. If the petitioner makes a prima facie showing that he or she the petitioner is entitled to relief, the court shall issue an order to show cause.
(d) (1) Within 60 days after the order to show cause has issued, the court shall hold a hearing to determine whether to vacate the murder conviction and to recall the sentence and resentence the petitioner on any remaining counts in the same manner as if the petitioner had not been previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. This deadline may be extended for good cause.
(2) The parties may waive a resentencing hearing and stipulate that the petitioner is eligible to have his or her the murder conviction vacated and for resentencing. If there was a prior finding by a court or jury that the petitioner did not act with reckless indifference to human life or was not a major participant in the felony, the court shall vacate the petitioner’s conviction and resentence the petitioner.
(3) At the hearing to determine whether the petitioner is entitled to relief, the burden of proof shall be on the prosecution to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing. A finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing. If the prosecution fails to sustain its burden of proof, the prior conviction, and any allegations and enhancements attached to the conviction, shall be vacated and the petitioner shall be resentenced on the remaining charges. The prosecutor and the petitioner may rely on the record of conviction or offer new or additional evidence to meet their respective burdens.
(e) If The petitioner's conviction shall be redesignated as the target offense or underlying felony for resentencing purposes if the petitioner is entitled to relief pursuant to this section, murder murder, attempted murder, or manslaughter was charged generically, and the target offense was not charged, the petitioner’s conviction shall be redesignated as the target offense or underlying felony for resentencing purposes. charged. Any applicable statute of limitations shall not be a bar to the court’s redesignation of the offense for this purpose.
(f) This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner.
(g) A person who is resentenced pursuant to this section shall be given credit for time served. The judge may order the petitioner to be subject to parole supervision for up to three years following the completion of the sentence.