California 2021-2022 Regular Session Status: In Committee

AB 1245 — Resentencing.

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

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if the defendant had not previously been sentenced if doing so is in the interest of justice. Existing law authorizes a defendant to be resentenced pursuant to these provisions upon the court's own motion within 120 days of the date of commitment, or upon the recommendation of specified individuals, including, among others, the district attorney of the county in which the defendant was sentenced. This bill would additionally authorize a petition for recall and resentencing by a defendant who has served at least 15 years of their sentence and has at least 24 months of their sentence remaining. The bill would also establish procedural requirements for resentencing a defendant pursuant to these provisions including by, among other things, requiring a petition for resentencing to be filed with the presiding judge of the superior court in which the defendant was originally sentenced, requiring the presiding judge, or a judge appointed by the presiding judge, to act on the petition within 90 days of the petition having been filed, and requiring the court to specify the reason for its judgment on the petition. The bill would, if a petition for recall and resentencing is filed by the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, or the district attorney of the county in which the defendant was sentenced, and the petition is based on a defendant's exceptional rehabilitation while imprisoned, require the court to appoint counsel for the defendant and hold a hearing on the petition and would prohibit the court from denying the petition to recall and resentence the defendant unless there is evidence beyond a reasonable doubt that the defendant is likely to commit a future violent crime. To the extent this bill would require local public defenders to provide a higher level of service, this bill would impose a state-mandated local program. The bill would, upon appropriation by the Legislature, allocate savings accrued as a result of resentencing a defendant pursuant to these provisions who was sentenced to imprisonment in the state prison to the district attorney of the county in which the resentencing occurred, to the superior court in the county in which the resentencing occurred, and, in certain instances, to the public defender of the county in which the resentencing occurred. 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

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: Hearing postponed by committee.

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

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 27). Re-referred to Com. on APPR.

  6. Re-referred to Com. on PUB. S.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  8. Referred to Com. on PUB. S.

  9. Read first time.

  10. From printer. May be heard in committee March 22.

  11. Introduced. To print.

Sponsors

  • Cooley · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Cooley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Do pass and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Republican 3000
Unaffiliated 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Santiago — Yea
Low — Yea
Addis, Dawn Democratic Yea
Arambula, Joaquin Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Ortega, Liz Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 3000
Republican 0101
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Santiago — Yea
Jones-Sawyer — Yea
Quirk — Yea
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1245 do?
Existing law authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if the defendant had not previously been sentenced if doing so is in the interest of justice. Existing law authorizes a defendant to be resentenced pursuant to these provisions upon the court's own motion within 120 days of the date of commitment, or upon the recommendation of specified individuals, including, among others, the district attorney of the county in which the defendant was sentenced. This bill would additionally authorize a petition for recall and resentencing by a defendant who has served at least 15 years of their sentence and has at least 24 months of their sentence remaining. The bill would also establish procedural requirements for resentencing a defendant pursuant to these provisions including by, among other things, requiring a petition for resentencing to be filed with the presiding judge of the superior court in which the defendant was originally sentenced, requiring the presiding judge, or a judge appointed by the presiding judge, to act on the petition within 90 days of the petition having been filed, and requiring the court to specify the reason for its judgment on the petition. The bill would, if a petition for recall and resentencing is filed by the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, or the district attorney of the county in which the defendant was sentenced, and the petition is based on a defendant's exceptional rehabilitation while imprisoned, require the court to appoint counsel for the defendant and hold a hearing on the petition and would prohibit the court from denying the petition to recall and resentence the defendant unless there is evidence beyond a reasonable doubt that the defendant is likely to commit a future violent crime. To the extent this bill would require local public defenders to provide a higher level of service, this bill would impose a state-mandated local program. The bill would, upon appropriation by the Legislature, allocate savings accrued as a result of resentencing a defendant pursuant to these provisions who was sentenced to imprisonment in the state prison to the district attorney of the county in which the resentencing occurred, to the superior court in the county in which the resentencing occurred, and, in certain instances, to the public defender of the county in which the resentencing occurred. 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 1245?
AB 1245 is sponsored by Cooley.
What is the current status of AB 1245?
This bill died with 2021-2022 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 1245?
Track AB 1245 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1245

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1245

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →