California 2019-2020 Regular Session Status: In Committee 1 D cosponsors

AB 972 — Proposition 47: resentencing.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. The act required that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. Existing law requires that the petition be filed on or before November 4, 2022, or at a later date upon showing of good cause. This bill would, on or before July 1, 2020, amend Proposition 47 to require the Department of Justice to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for resentencing under the act. The bill would require the department to notify the district attorney and the court of all cases in that jurisdiction that are potentially eligible for resentencing. The bill would require the district attorney, before November 2, 2022, to review those cases to determine whether the conviction meets the criteria for resentencing, and to notify the court if the case meets the criteria, or the court and the public defender if it does not. The bill would require the public defender, when notified by the district attorney that a case does not meet the requirements for resentencing, to make a reasonable effort to notify the person that the conviction has been deemed by the district attorney to not meet the criteria for resentencing. The bill would require a court to recall the sentence and resentence the person unless the district attorney notifies the court that a conviction does not meet the criteria for resentencing. The bill would require the department to post specified information relating to resentencing on its internet website. By increasing the duties of district attorneys and public defenders, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 26). Re-referred to Com. on APPR.

  6. Referred to Com. on PUB. S.

  7. From printer. May be heard in committee March 24.

  8. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 972 do?
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. The act required that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. Existing law requires that the petition be filed on or before November 4, 2022, or at a later date upon showing of good cause. This bill would, on or before July 1, 2020, amend Proposition 47 to require the Department of Justice to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for resentencing under the act. The bill would require the department to notify the district attorney and the court of all cases in that jurisdiction that are potentially eligible for resentencing. The bill would require the district attorney, before November 2, 2022, to review those cases to determine whether the conviction meets the criteria for resentencing, and to notify the court if the case meets the criteria, or the court and the public defender if it does not. The bill would require the public defender, when notified by the district attorney that a case does not meet the requirements for resentencing, to make a reasonable effort to notify the person that the conviction has been deemed by the district attorney to not meet the criteria for resentencing. The bill would require a court to recall the sentence and resentence the person unless the district attorney notifies the court that a conviction does not meet the criteria for resentencing. The bill would require the department to post specified information relating to resentencing on its internet website. By increasing the duties of district attorneys and public defenders, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 972?
AB 972 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 972?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 972?
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