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AB-997 Cannabis: criminal resentencing.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB997:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 997


Introduced by Assembly Member Bonta

February 18, 2021


An act to amend Section 3479 of the Civil Code, relating to civil law. An act to amend Section 11361.9 of the Health and Safety Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 997, as amended, Bonta. Civil law: nuisance. Cannabis: criminal resentencing.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA.
Existing law requires 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 recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA. Existing law requires the prosecution, before July 1, 2020, to review all cases and determine whether to challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation. Existing law requires the court to reduce or dismiss convictions that were not challenged prior to July 1, 2020.
This bill, for all cases that have been reviewed and that the prosecution has not challenged, but that have not been heard by the court before January 1, 2023, would deem the sentence to have been reduced or dismissed, as specified, as of that date. The bill would also require the court to update its records and report all cases where the sentence has been reduced or dismissed in this manner to the Department of Justice for adjustment of the state summary criminal history information database on or before July 1, 2023.

Existing law defines anything that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, as a nuisance.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 11361.9 of the Health and Safety Code is amended to read:

11361.9.
 (a) On or before July 1, 2019, 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 recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8. The department shall notify the prosecution of all cases in their jurisdiction that are eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation.
(b) The prosecution shall have until July 1, 2020, to review all cases and determine whether to challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation.
(c) (1) The prosecution may challenge the resentencing of a person pursuant to this section when the person does not meet the criteria established in Section 11361.8 or presents an unreasonable risk to public safety.
(2) The prosecution may challenge the dismissal and sealing or redesignation of a person pursuant to this section who has completed his or her their sentence for a conviction when the person does not meet the criteria established in Section 11361.8.
(3) On or before July 1, 2020, the prosecution shall inform the court and the public defender’s office in their county when they are challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation. The prosecution shall inform the court when they are not challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation.
(4) The public defender’s office, upon receiving notice from the prosecution pursuant to paragraph (3), shall make a reasonable effort to notify the person whose resentencing or dismissal is being challenged.
(d) (1) If the prosecution does not challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation by July 1, 2020, the court shall reduce or dismiss the conviction pursuant to Section 11361.8.
(2) For all cases that have been reviewed and that the prosecution has not challenged, but that have not been heard by the court before January 1, 2023, the sentence shall be deemed to have been reduced or dismissed pursuant to Section 11361.8 as of that date. On or before July 1, 2023, the court shall update its records in accordance with this paragraph and shall report all cases where the sentence has been reduced or dismissed pursuant to this paragraph to the Department of Justice for adjustment of the state summary criminal history information database pursuant to subdivision (e).
(e) The court shall notify the department of the recall or dismissal of sentence, dismissal and sealing, or redesignation and the department shall modify the state summary criminal history information database accordingly.
(f) The department shall post general information on its Internet Web site internet website about the recall or dismissal of sentences, dismissal and sealing, or redesignation authorized in this section.
(g) It is the intent of the Legislature that persons who are currently serving a sentence or who proactively petition for a recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8 be prioritized for review.

SECTION 1.Section 3479 of the Civil Code is amended to read:
3479.

Anything that is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.