BILL ANALYSIS Ó AB 2765 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2765 (Weber) - As Introduced February 19, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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