Title: Sentencing: members of military: trauma.
Author: David K. Min
SB 763, as introduced, Min.
Sentencing: members of military: trauma.
Existing law requires a court, if it concludes that a defendant convicted of a felony offense is or was a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant’s military service, to consider that circumstance as a factor in mitigation when imposing a sentence. Existing law allows a defendant who is currently serving a felony sentence and meets these criteria to petition for resentencing if those criteria were not considered at the time of sentencing and the person was sentenced prior to January 1, 2015.This bill would allow a defendant meeting these criteria to petition for recall of sentence and resentencing without regard to whether the defendant was sentenced prior to January 1, 2015. The bill
would clarify that this relief is available whether or not there was argument or evidence about the defendant’s condition at trial.
Introduced. To Com. on RLS. for assignment. To print. 02/19/2021
From printer. May be acted upon on or after March 24. 02/22/2021
Read first time. 02/22/2021
Art. IV. Sec. 8(a) of the Constitution dispensed with. 02/22/2021
(Ayes 32. Noes 4.) 02/22/2021
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) 02/22/2021
Referred to Com. on PUB. S. 03/03/2021
Set for hearing April 20. 03/24/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 862.) (April 20). Re-referred to Com. on APPR. 04/20/2021
Set for hearing May 3. 04/21/2021
May 3 hearing: Placed on APPR suspense file. 05/04/2021
Set for hearing May 20. 05/14/2021
May 20 hearing: Held in committee and under submission. 05/20/2021
Returned to Secretary of Senate pursuant to Joint Rule 56. 02/01/2022
SB 763 - Introduced
02/19/2021 - SB 763 (Introduced)