CA AB 2483

Title: Postconviction proceedings.
Author: Philip Y. Ting

Summary
AB 2483, as amended, Ting. Postconviction proceedings. Existing law authorizes a court to resentence a defendant under specified circumstances, including, among others, when the person was convicted of specified crimes that have since been repealed or had their sentences reduced.This bill would require the presiding judge of each county superior court to, on or before March 1, 2025, convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings, as specified. The bill would require that meeting to include, among others, a representative from the district attorney, public defender, department of probation, and sheriff. By imposing additional duties on local entities, this bill would impose a state-mandated local program. The bill would require postconviction proceedings, among other things, to include a consideration of whether or not to appoint counsel to represent the petitioner and to allow the court to modify every aspect of the petitioner’s sentence, including if it was imposed after a guilty plea, except as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.Existing law, when a probationary order or a judgment has been pronounced, requires that a copy of that order or judgment be sent to the officer whose duty it is to execute the order or judgment, as specified.This bill would, when a person has been resentenced and their expected remaining time in custody is less than 30 days, require that copy to be furnished to the executing officer within 24 hours.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.

Status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 2). Re-referred to Com. on APPR.

Bill Documents
CA AB 2483 - 04/01/24 - Amended Assembly
04/01/24 - CA AB 2483 (04/01/24 - Amended Assembly)