BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1084|
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UNFINISHED BUSINESS
Bill No: SB 1084
Author: Hancock (D)
Amended: 8/18/16
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
SENATE FLOOR: 26-11, 5/26/16
AYES: Allen, Beall, Block, Cannella, De León, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara,
Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan,
Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Moorlach,
Morrell, Nguyen, Nielsen, Stone, Vidak
NO VOTE RECORDED: Galgiani, Huff, Runner
ASSEMBLY FLOOR: 49-29, 8/22/16 - See last page for vote
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.
Assembly Amendments add double-jointing language to address
potential chaptering problems.
SB 1084
Page 2
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
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.
SB 1084
Page 3
5)Makes other technical amendments.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee, minor
absorbable annual GF costs to the state trial courts.
SUPPORT: (Verified8/22/16)
Human Rights Watch (source)
California Public Defenders Association
OPPOSITION: (Verified8/22/16)
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.
ASSEMBLY FLOOR: 49-29, 8/22/16
AYES: Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh, Daly,
SB 1084
Page 4
Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina,
Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams,
Wood, Rendon
NOES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Brough,
Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley,
Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein,
Mathis, Mayes, Obernolte, Olsen, Patterson, Steinorth, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Cooper, Melendez
Prepared by:Mary Kennedy / PUB. S. /
8/22/16 22:49:38
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