BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1084| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1084 Page 2 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 SB 1084 Page 3 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 **** END ****