BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1084|
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                                   THIRD READING 


          Bill No:  SB 1084
          Author:   Hancock (D) 
          Amended:  5/11/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/19/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Sentencing


          SOURCE:    Human Rights Watch

          DIGEST:   This bill makes technical non-substantive changes to  
          the provisions allowing a person who was under 18 years of age  
          when sentenced to life without parole to submit a petition for  
          resentencing.

          ANALYSIS:  
          
          Existing law:

          1)Authorizes a prisoner who was under 18 years of age at the  
            time of committing an offense for which the prisoner was  
            sentenced to life without the possibility of parole (LWOP) to  
            submit a petition for recall and resentencing after he or she  
            has served at least 15 years of his or her sentence. (Penal  
            Code § 1170(d) (2)(A)(i))

          2)Provides that if the court finds by a preponderance of the  








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            evidence that the statements in the petition are true the  
            court shall hold a hearing to consider whether to recall the  
            sentences and commitment previously ordered to resentence the  
            defendant. (Penal Code § 1170(d) (2)(E))

          3)Provides that if a sentence is not recalled, the defendant may  
            submit another petition for recall and resentencing again  
            after having served 20 and 24 years. (Penal Code § 1170(d)  
            (2)(H))

          This bill:

          1)Clarifies that the person convicted for a crime committed  
            while under the age of 18 and sentenced to LWOP can submit a  
            petition after he or she has been incarcerated at least 15  
            years.

          2)Provides that if the court finds by a preponderance of the  
            evidence that one or more of the statements specified is true,  
            the court shall recall the sentence and commitment previously  
            ordered and hold a hearing to resentence the defendant.

          3)Clarifies that the defendant may submit another petition if it  
            the sentence is not recalled or the defendant is resentenced  
            to LWOP.

          4)Clarifies that nothing in the provisions dealing with the  
            ability of a person to seek a resentencing is intended to  
            diminish or abrogate any rights or remedies otherwise  
            available.

          5)Makes other technical amendments.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified5/24/16)


          Human Rights Watch (source)
          California Public Defenders Association








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          OPPOSITION:   (Verified5/24/16)


          None received


          ARGUMENTS IN SUPPORT:     According to the sponsor Human Rights  
          Watch:

               In 2012, California created a judicial review process  
               for cases in which people under the age of 18 have been  
               sentenced to life without the possibility of parole. It  
               was the first law of its type in the country. Our work  
               on the issue of life without parole for juveniles has  
               led to contact with attorneys representing youth  
               offenders in these hearings. We believe there are areas  
               where the law is unclear as written and leading to  
               different interpretations in different courtrooms. It  
               is our hope that this bill will clarify the language of  
               the law and ensure consistency in practice across the  
               state.


          Prepared by:Mary Kennedy / PUB. S. / 
          5/25/16 13:50:24


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