SB 483

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 17, 2021
  • Passed Senate Jun 02, 2021
  • Passed Assembly Sep 09, 2021
  • Became Law Oct 08, 2021

Sentencing: resentencing to remove sentencing enhancements.

Abstract

Prior law, in effect until January 1, 2020, required a sentencing court to impose an additional one-year term for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony, as specified. Prior law, in effect until January 1, 2018, required a sentencing court to impose on a defendant convicted of specified crimes relating to controlled substances, an additional 3-year term for each prior conviction of specified controlled substances crimes, including possession for sale of opiates, opium derivatives, and hallucinogenic substances, as specified. Existing law limits the imposition of these sentencing enhancements to certain specified circumstances. This bill would declare an enhancement imposed pursuant to one of these prior provisions to be legally invalid. The bill would state the intent of the Legislature to prohibit a prosecutor or court from rescinding a plea agreement based on a change in sentence as a result of this measure. The bill would require the Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county to identify those persons in their custody who are serving a sentence that includes one of these enhancements and provide this information to the sentencing court, as specified. The bill would require this information to be provided by March 1, 2022, for those individuals who are currently serving time for the enhancement and by July 1, 2022, for all others. The bill would require the court, after verifying specified information, to recall the sentence and resentence the individual to remove any invalid sentence enhancements. The bill would require the court to grant this relief to those individuals who have served their base term and any other enhancements and are currently serving the enhancement described above by October 1, 2022, and all other individuals by December 31, 2023. The bill would prescribe specific considerations for the court in resentencing, such as requiring that the resentencing result in a lesser sentence, unless the court finds that a lesser sentence would endanger public safety. The bill would require the court to appoint counsel for an individual subject to resentencing. By requiring additional duties of county officials, 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 Sponsors (1)

Votes


Actions


Oct 08, 2021

California State Legislature

Chaptered by Secretary of State. Chapter 728, Statutes of 2021.

California State Legislature

Approved by the Governor.

Sep 17, 2021

California State Legislature

Enrolled and presented to the Governor at 1:30 p.m.

Sep 10, 2021

Senate

Assembly amendments concurred in. (Ayes 26. Noes 10. Page 2611.) Ordered to engrossing and enrolling.

Sep 09, 2021

Assembly

Read third time. Passed. (Ayes 41. Noes 20.) Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Sep 01, 2021

Assembly

Read third time and amended.

Assembly

Ordered to third reading.

Aug 30, 2021

Assembly

Read second time. Ordered to third reading.

Aug 26, 2021

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (August 26).

Aug 19, 2021

Assembly

August 19 set for first hearing. Placed on suspense file.

Jul 15, 2021

Assembly

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

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

Jul 14, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13).

Jul 07, 2021

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

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

Jun 10, 2021

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 02, 2021

Senate

Read third time. Passed. (Ayes 26. Noes 9. Page 1376.) Ordered to the Assembly.

Assembly

In Assembly. Read first time. Held at Desk.

May 24, 2021

Senate

Read second time. Ordered to third reading.

May 20, 2021

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1193.) (May 20).

May 14, 2021

Senate

Set for hearing May 20.

May 10, 2021

Senate

May 10 hearing: Placed on APPR suspense file.

Apr 30, 2021

Senate

Set for hearing May 10.

Apr 28, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 941.) (April 27). Re-referred to Com. on APPR.

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

Mar 26, 2021

Senate

Set for hearing April 27.

Mar 11, 2021

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 03, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

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

Feb 25, 2021

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 22, 2021

Senate

(Ayes 32. Noes 4.)

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Feb 18, 2021

Senate

From printer. May be acted upon on or after March 20.

Feb 17, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB483 HTML
02/17/21 - Introduced PDF
03/03/21 - Amended Senate PDF
05/20/21 - Amended Senate PDF
07/07/21 - Amended Assembly PDF
07/15/21 - Amended Assembly PDF
09/01/21 - Amended Assembly PDF
09/14/21 - Enrolled PDF
10/08/21 - Chaptered PDF

Related Documents

Document Format
04/25/21- Senate Public Safety PDF
05/07/21- Senate Appropriations PDF
05/20/21- Senate Appropriations PDF
05/25/21- Sen. Floor Analyses PDF
07/12/21- Assembly Public Safety PDF
08/16/21- Assembly Appropriations PDF
08/31/21- ASSEMBLY FLOOR ANALYSIS PDF
09/01/21- ASSEMBLY FLOOR ANALYSIS PDF
09/09/21- Sen. Floor Analyses 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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