Criminal procedure: sentencing.
Summary
Prior law, in effect until January 1, 2020, required a sentencing court to impose an additional one-year term for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony, as specified. Prior law, in effect until January 1, 2018, also required a sentencing court to impose on a defendant convicted of specified crimes relating to controlled substances, an additional 3-year term for each prior conviction of specified controlled substances crimes. Existing law limits the imposition of these sentencing enhancements to certain specified circumstances. Existing law invalidates any enhancement imposed pursuant to one of these prior provisions and requires the sentencing court, upon receipt of notice and verification of specified information, to recall the sentence and resentence the person to remove any invalid sentence enhancements. This bill would, commencing January 1, 2025, make an individual sentenced to death or a term of life without the possibility of parole, who has been convicted of a sexually violent offense, and who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court, as specified, ineligible for recall and resentencing under these provisions.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2024
Senate Passage
May 2023
Assembly Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Feb 1, 2023
Signed Sep 29, 2024
Floor votes · Senate May 15, 2023 · Assembly Aug 26, 2024
How they voted
33–3
Passed · 4 other
Total votes 40
May 15, 2023
D
Democratic31
90% Yea
R
Republican9
55% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
14
Committee
9
Amendments
7
Sep 29, 2024
Signed into law
Approved by the Governor.
legislature
Aug 29, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5633.) Ordered to engrossing and enrolling.
upper
Aug 28, 2024
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5622.)
upper
Aug 26, 2024
Upper · Passed
From committee: Be re-referred to Com. on PUB S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5416.) Re-referred to Com. on PUB S.
upper
Aug 26, 2024
Committee
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
upper
Aug 26, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 26, 2024
Lower · Passed
Read third time. Passed. (Ayes 71. Noes 1. Page 6511.) Ordered to the Senate.
lower
Aug 19, 2024
Lower · Passed
Read third time and amended.
lower
Aug 7, 2024
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7).
lower
Jul 3, 2024
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 3, 2024
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 2).
lower
Jun 6, 2024
Committee
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.
lower
Jun 4, 2024
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
lower
Jun 20, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on G.O. (Ayes 15. Noes 2.) (June 20). Re-referred to Com. on G.O.
lower
May 26, 2023
Committee
Referred to Coms. on B. & P. and G.O.
lower
May 15, 2023
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 3. Page 1072.) Ordered to the Assembly.
upper
Apr 17, 2023
Upper · Passed
From committee: Do pass. (Ayes 12. Noes 1. Page 746.) (April 17).
upper
Apr 11, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E. D.
upper
Feb 9, 2023
Committee
Referred to Com. on B., P. & E. D.
upper
Feb 1, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ben Allen
DDemocratic
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