BILL ANALYSIS Ó
AB 2765
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2765 (Weber) - As Introduced February 19, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill removes the three-year time limitation in which a
person currently convicted of a felony, who would have been
convicted of a misdemeanor if Proposition 47 were in effect, may
petition the court to have the sentenced reduced in accordance
with the Act.
FISCAL EFFECT:
Potential cost to the courts after November 2017 for petitions
filed past the current deadline, which will be offset by savings
if the elimination of the deadline reduces last minute petitions
AB 2765
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in fiscal year 2017-18.
COMMENTS:
1)Background. Current law states that a person currently
serving a sentence for conviction of a felony, who would have
been guilty of a misdemeanor had Proposition 47 been effect at
the time of the offense may petition for a recall of sentence
before the trial court that entered the conviction in his or
her case to request resentencing, as specified. Current law
also allows a person who has completed his or her sentence for
a conviction of a felony who would have been guilty of a
misdemeanor under the provisions of Proposition 47 if it would
have in effect at the time of the offense, to apply to have
the felony conviction designated as a misdemeanor. However,
any petition filed for resentencing or recall must be filed
within three years after the effective date of Proposition 47
(November 4, 2017), or at later date upon a showing of good
cause.
2)Purpose. According to the author, "Some have estimated that
nearly one million Californians are eligible for some type of
Prop 47 relief. A felony record, even for a very old offense,
serves as a barrier to self-sufficiency for the formerly
incarcerated. People are routinely denied employment, housing
and other rights because of their felon status. For
non-violent offenders, the inability to obtain
self-sufficiency contributes to higher rates of recidivism,
incarceration and poverty in our communities.
"Law enforcement officials and courts that are working
diligently to comply with the law have been inundated with
petitions from individuals seeking relief. The influx of
petitions has left many agency offices scrambling to comply
with the voter mandate while fulfilling other regularly
assigned tasks. The imposition of the three-year deadline for
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filing has created a sense of urgency among eligible
petitioners that can be reduced by removing the existing time
limit.
This bill eliminates the three year deadline to file the
required petition.
3)Support: According to the Office of the San Diego County
District Attorney, "AB 2765 is a practical, legislative
proposal that will correct an unintended consequence of
specific language approved by California voters. This minor
legislative change certainly aligns with the intent of the
proposition, and therefore is in furtherance of the public's
will.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081