AB 1540

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly Feb 19, 2021
  • Passed Assembly Jun 02, 2021
  • Passed Senate Sep 08, 2021
  • Signed by Governor Oct 08, 2021

Criminal procedure: resentencing.

Abstract

Existing law authorizes a court, within 120 days after sentencing the defendant or at any time upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, the district attorney, to recall an inmate's sentence and resentence that inmate to a lesser sentence. Existing law requires the court, when resentencing, to apply the rules of the Judicial Council to eliminate disparity of sentences and promote uniformity of sentencing. Existing law authorizes a court to reduce a defendant's term of imprisonment and modify the judgment if it is in the interest of justice. This bill would require the court to state its reasons for a resentencing decision on the record, as specified. The bill would require the court to provide notice to the defendant, set a status conference within 30 days of the receipt of the request, and appoint counsel for the defendant. The bill would authorize the court to grant a resentencing without a hearing, if the parties are in agreement. The bill would additionally create a presumption favoring recall and resentencing the defendant in those hearings, as specified. By requiring the court to appoint counsel for the defendant, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 124 and SB 567 to be operative only if this bill and AB 124 and SB 567 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1170.03 of the Penal Code proposed by AB 124 to be operative only if this bill and AB 124 are enacted, without regard to chaptering. 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 Sponsors (2)

Votes


Actions


Oct 08, 2021

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 719, Statutes of 2021.

Sep 20, 2021

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Sep 09, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 24.).

Sep 08, 2021

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

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

Sep 07, 2021

Senate

Read second time. Ordered to third reading.

Sep 03, 2021

Senate

Read third time and amended. Ordered to second reading.

Aug 30, 2021

Senate

Read second time. Ordered to third reading.

Aug 26, 2021

Senate

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

Senate

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

Aug 16, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jul 12, 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 08, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6).

Jun 22, 2021

Senate

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

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Jun 09, 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 53. Noes 20.)

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 12, 2021

Assembly

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

  • Referral-Committee
APPR. suspense file. APPR

Apr 28, 2021

Assembly

Coauthors revised.

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 27). Re-referred to Com. on APPR.

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

Apr 26, 2021

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 22, 2021

Assembly

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

Mar 15, 2021

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 11, 2021

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Assembly

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

Feb 22, 2021

Assembly

Read first time.

Feb 20, 2021

Assembly

From printer. May be heard in committee March 22.

Feb 19, 2021

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB1540 HTML
02/19/21 - Introduced PDF
03/11/21 - Amended Assembly PDF
04/22/21 - Amended Assembly PDF
06/22/21 - Amended Senate PDF
07/12/21 - Amended Senate PDF
08/26/21 - Amended Senate PDF
09/03/21 - Amended Senate PDF
09/14/21 - Enrolled PDF
10/08/21 - Chaptered PDF

Related Documents

Document Format
04/26/21- Assembly Public Safety PDF
05/10/21- 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
09/08/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

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