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AB 1540

Title: Criminal procedure: resentencing.
Author: Philip Y. Ting

Summary
AB 1540, Ting. Criminal procedure: resentencing. Existing law authorizes a court, within 120 days after sentencing the defendant or at any time upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, the district attorney, to recall an inmate’s sentence and resentence that inmate to a lesser sentence. Existing law requires the court, when resentencing, to apply the rules of the Judicial Council to eliminate disparity of sentences and promote uniformity of sentencing. Existing law authorizes a court to reduce a defendant’s term of imprisonment and modify the judgment if it is in the interest of justice.This bill would require the court to state its reasons for a resentencing decision on the record, as specified. The bill would require the court to provide notice to the defendant, set a status conference within 30 days of the receipt of the request, and appoint counsel for the defendant. The bill would authorize the court to grant a resentencing without a hearing, if the parties are in agreement. The bill would additionally create a presumption favoring recall and resentencing the defendant in those hearings, as specified. By requiring the court to appoint counsel for the defendant, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 124 and SB 567 to be operative only if this bill and AB 124 and SB 567 are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 1170.03 of the Penal Code proposed by AB 124 to be operative only if this bill and AB 124 are enacted, without regard to chaptering.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
Introduced. To print. 02/19/2021
From printer. May be heard in committee March 22. 02/20/2021
Read first time. 02/22/2021
Referred to Com. on PUB. S. 03/11/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. 03/11/2021
Re-referred to Com. on PUB. S. 03/15/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. 04/22/2021
Re-referred to Com. on PUB. S. 04/26/2021
Coauthors revised. 04/28/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 27). Re-referred to Com. on APPR. 04/28/2021
In committee: Set, first hearing. Referred to APPR. suspense file. 05/12/2021
From committee: Do pass. (Ayes 12. Noes 4.) (May 20). 05/20/2021
Read second time. Ordered to third reading. 05/24/2021
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 20.) 06/02/2021
In Senate. Read first time. To Com. on RLS. for assignment. 06/03/2021
Referred to Com. on PUB. S. 06/09/2021
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. 06/22/2021
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6). 07/08/2021
Read second time and amended. Re-referred to Com. on APPR. 07/12/2021
In committee: Referred to suspense file. 08/16/2021
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26). 08/26/2021
Read second time and amended. Ordered returned to second reading. 08/26/2021
Read second time. Ordered to third reading. 08/30/2021
Read third time and amended. Ordered to second reading. 09/03/2021
Read second time. Ordered to third reading. 09/07/2021
Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 9.). 09/08/2021
In Assembly. Concurrence in Senate amendments pending. 09/08/2021
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 24.). 09/09/2021
Enrolled and presented to the Governor at 3 p.m. 09/20/2021

Bill Documents
AB 1540 - Enrolled
09/14/21 - AB 1540 (Enrolled)


AB 1540 - Assembly Floor Analysis
09/08/21 - AB 1540 (Assembly Floor Analysis)

AB 1540 - Senate Floor Analyses
09/07/21 - AB 1540 (Senate Floor Analyses)

AB 1540 - Amended Senate
09/03/21 - AB 1540 (Amended Senate)

AB 1540 - Senate Floor Analyses
08/31/21 - AB 1540 (Senate Floor Analyses)

AB 1540 - Senate Appropriations
08/26/21 - AB 1540 (Senate Appropriations)

AB 1540 - Amended Senate
08/26/21 - AB 1540 (Amended Senate)

AB 1540 - Senate Appropriations
08/13/21 - AB 1540 (Senate Appropriations)

AB 1540 - Amended Senate
07/12/21 - AB 1540 (Amended Senate)

AB 1540 - Senate Public Safety
07/04/21 - AB 1540 (Senate Public Safety)

AB 1540 - Amended Senate
06/22/21 - AB 1540 (Amended Senate)

AB 1540 - Assembly Floor Analysis
05/24/21 - AB 1540 (Assembly Floor Analysis)

AB 1540 - Assembly Appropriations
05/10/21 - AB 1540 (Assembly Appropriations)

AB 1540 - Assembly Public Safety
04/26/21 - AB 1540 (Assembly Public Safety)

AB 1540 - Amended Assembly
04/22/21 - AB 1540 (Amended Assembly)

AB 1540 - Amended Assembly
03/11/21 - AB 1540 (Amended Assembly)

AB 1540 - Introduced
02/19/21 - AB 1540 (Introduced)