AB 124 — Criminal procedure.

Summary

(1) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires, to receive that relief, that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking. This bill would create similar relief for a person who was arrested or convicted of an offense that was the direct result of being a victim of intimate partner violence or sexual violence. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a human trafficking victim at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a serious or violent felony, as defined, or a charge of human trafficking. This bill would allow that defense to be used with respect to a serious felony or a charge of human trafficking. The bill would additionally create a defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of intimate partner violence or sexual violence at the time of the offense and had a reasonable fear of harm. (2) Existing law specifies the pleas that may be made to an indictment, information, or complaint charging a misdemeanor or infraction, including the pleas of guilty, not guilty, or nolo contendere. Existing law defines "plea bargaining" as any bargaining, negotiation, or discussion between a criminal defendant, or their counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant. This bill would require the prosecutor, during plea negotiations, to consider in support of a mitigated sentence whether the person has experienced psychological, physical, or childhood trauma, was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking. (3) Existing law, after January 1, 2022, requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. This bill would require the court to impose the lower term if the person has experienced psychological, physical, or childhood trauma, was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking, unless the aggravating circumstances outweigh the mitigating circumstances that the imposition of the lower term would be contrary to the interests of justice. Existing law authorizes a court, within 120 days after sentencing the defendant or at any time upon a recommendation from specified correctional entities, to recall an inmate's sentence and resentence that inmate to a lesser sentence. This bill would require the court, when resentencing, to consider if the defendant has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence, if the defendant was a victim of intimate partner violence or human trafficking prior to or at the time of the commission of the offense, or if the defendant is a youth or was a youth at the time of the commission of the offense, and whether those circumstances were a contributing factor in the commission of the offense. (4) This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 1540 and SB 567 to be operative only if this bill, AB 1540, and SB 567 are enacted and this bill is enacted last. (5) 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 no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/08/21 - Chaptered Current pdf October 08, 2021
• Enrolled 09/15/21 - Enrolled pdf September 15, 2021
• Amended 09/03/21 - Amended Senate pdf September 03, 2021
• Amended 08/26/21 - Amended Senate pdf August 26, 2021
• Amended 07/14/21 - Amended Senate pdf July 14, 2021
• Amended 04/15/21 - Amended Assembly pdf April 15, 2021
• Introduced 12/18/20 - Introduced pdf December 18, 2020
• AB124 View text html

Action History

1. October 08, 2021

   Chaptered by Secretary of State - Chapter 695, Statutes of 2021.

2. October 08, 2021

   Approved by the Governor.

3. September 22, 2021

   Enrolled and presented to the Governor at 2 p.m.

4. September 10, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 16. Page 3146.).

5. September 10, 2021

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 9. Page 2617.).

7. September 07, 2021

   Read second time. Ordered to third reading.

8. September 03, 2021

   Read third time and amended. Ordered to second reading.

9. September 02, 2021

   Reconsideration granted. (Ayes 39. Noes 0. Page 2346.)

10. September 02, 2021

    Motion to reconsider made by Senator Kamlager.

11. September 02, 2021

    Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 8. Page 2345.).

12. August 30, 2021

    Read second time. Ordered to third reading.

13. August 26, 2021

    Read second time and amended. Ordered returned to second reading.

14. August 26, 2021

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).

15. August 16, 2021

    In committee: Referred to suspense file.

16. July 14, 2021

    Read second time and amended. Re-referred to Com. on APPR.

17. July 13, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 6).

18. June 16, 2021

    Referred to Com. on PUB. S.

19. June 03, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

20. June 02, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 12. Page 1831.)

21. May 24, 2021

    Read second time. Ordered to third reading.

22. May 20, 2021

    From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

23. May 05, 2021

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

24. April 21, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 20). Re-referred to Com. on APPR.

25. April 21, 2021

    Coauthors revised.

26. April 19, 2021

    Re-referred to Com. on PUB. S.

27. April 15, 2021

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

28. April 06, 2021

    In committee: Hearing postponed by committee.

29. January 11, 2021

    Referred to Com. on PUB. S.

30. January 11, 2021

    Read first time.

31. December 19, 2020

    From printer. May be heard in committee January 18.

32. December 18, 2020

    Introduced. To print.

Sponsors

• Kamlager · Primary
• Rebecca Bauer-Kahan · Cosponsor
• Burke · Cosponsor
• Quirk · Cosponsor
• Buffy Wicks · Cosponsor
• Robert Rivas · Cosponsor
• Robert Garcia · Cosponsor

Votes

Subjects