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  








                                                                    AB 2765


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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