AB 124

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly Dec 18, 2020
  • Passed Assembly Jun 02, 2021
  • Passed Senate Sep 02, 2021
  • Became Law Oct 08, 2021

Criminal procedure.

Bill Subjects

Criminal Procedure.

Abstract

(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 Sponsors (7)

Votes


Actions


Oct 08, 2021

California State Legislature

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

California State Legislature

Approved by the Governor.

Sep 22, 2021

California State Legislature

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

Sep 10, 2021

Senate

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

Assembly

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

Assembly

In Assembly. Concurrence in Senate amendments pending.

Sep 07, 2021

Senate

Read second time. Ordered to third reading.

Sep 03, 2021

Senate

Read third time and amended. Ordered to second reading.

Sep 02, 2021

Senate

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

Senate

Reconsideration granted. (Ayes 39. Noes 0.)

Senate

Motion to reconsider made by Senator Kamlager.

Aug 30, 2021

Senate

Read second time. Ordered to third reading.

Aug 26, 2021

Senate

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

Senate

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

Aug 16, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jul 14, 2021

Senate

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 13, 2021

Senate

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

Jun 16, 2021

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 03, 2021

Senate

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

Jun 02, 2021

Assembly

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

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

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

May 05, 2021

Assembly

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

  • Referral-Committee
APPR. suspense file. APPR

Apr 21, 2021

Assembly

Coauthors revised.

Assembly

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

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 19, 2021

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 15, 2021

Assembly

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

Apr 06, 2021

Assembly

In committee: Hearing postponed by committee.

Jan 11, 2021

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Assembly

Read first time.

Dec 19, 2020

Assembly

From printer. May be heard in committee January 18.

Dec 18, 2020

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB124 HTML
12/18/20 - Introduced PDF
04/15/21 - Amended Assembly PDF
07/14/21 - Amended Senate PDF
08/26/21 - Amended Senate PDF
09/03/21 - Amended Senate PDF
09/15/21 - Enrolled PDF
10/08/21 - Chaptered PDF

Related Documents

Document Format
04/19/21- Assembly Public Safety PDF
05/03/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
07/04/21- Senate Public Safety PDF
08/13/21- Senate Appropriations PDF
08/26/21- Senate Appropriations PDF
08/31/21- Sen. Floor Analyses PDF
09/07/21- Sen. Floor Analyses PDF
09/10/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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