California Senate Bill 775
Session 20212022
Felony murder: resentencing.
Became Law
Became Law on Oct 5, 2021
Origin Chamber
Senate
Type
Bill
Bill Number
775
State
California
Session
20212022
Josh Becker
grade
Author
Motion Text
Unfinished Business SB775 Becker Concurrence
Senate Roll Call Votes
Yes
Yes
Dahle
No
Yes
Yes
Gonzalez
Other
Other
Yes
Yes
Yes
Yes
Yes
Rubio
Yes
Summary
Existing law authorizes a person who has been convicted of felony murder or murder under the natural and probable consequences theory to file a petition for the court to vacate the person's sentence and resentence them when specified conditions apply, including that the complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine.
This bill would expand the authorization to allow a person who was convicted of murder under any theory under which malice is imputed to a person based solely on that person's participation in a crime, attempted murder under the natural and probable consequences doctrine, or who was convicted of manslaughter when the prosecution was allowed to proceed on a theory of felony murder or murder under the natural and probable consequences doctrine, to apply to have their sentence vacated and be resentenced if, among other things, the complaint, information, or indictment was filed to allow the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person's participation in a crime, or attempted murder under the natural and probable consequences doctrine.
Existing law requires the court to review the petition and determine that the petitioner has made a prima facie showing that the petitioner falls within the resentencing provisions. Existing law requires the court to appoint counsel to represent the petitioner if the petitioner requests counsel. Existing law requires the court to issue an order to show cause if the petitioner has made a prima facie showing that they are entitled to relief.
This bill would require a court to hold a prima facie hearing to determine whether the petitioner has made a prima facie case for relief. The bill would require the court to appoint counsel, upon the petitioner's request, when receiving a petition in which the required information is set forth or readily ascertainable by the court. The bill would require a court that declines to make an order to show cause to provide a statement fully setting forth its reasons for doing so.
Existing law requires the court to hold a hearing to determine if the petitioner is entitled to relief under these provisions.
This bill would specify that a finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing.
This bill would authorize a person convicted of murder, attempted murder, or manslaughter whose conviction is not final to challenge the validity of that conviction upon direct appeal.
02/19/21 - Introduced
February 19, 2021
05/20/21 - Amended Senate
May 20, 2021
07/06/21 - Amended Assembly
July 6, 2021
08/30/21 - Amended Assembly
August 30, 2021
09/01/21 - Amended Assembly
September 1, 2021
09/14/21 - Enrolled
September 14, 2021
10/05/21 - Chaptered
October 5, 2021
04/08/21- Senate Public Safety
April 8, 2021
04/30/21- Senate Appropriations
April 30, 2021
05/20/21- Senate Appropriations
May 20, 2021
05/25/21- Sen. Floor Analyses
May 25, 2021
07/12/21- Assembly Public Safety
July 12, 2021
08/16/21- Assembly Appropriations
August 16, 2021
08/31/21- ASSEMBLY FLOOR ANALYSIS
August 31, 2021
09/01/21- ASSEMBLY FLOOR ANALYSIS
September 1, 2021
09/10/21- Sen. Floor Analyses
September 10, 2021
Sort by most recent
10/05/2021
California State Legislature
Chaptered by Secretary of State. Chapter 551, Statutes of 2021.
10/05/2021
California State Legislature
Approved by the Governor.
09/17/2021
California State Legislature
Enrolled and presented to the Governor at 1:30 p.m.
09/10/2021
Senate
Assembly amendments concurred in. (Ayes 27. Noes 10. Page 2643.) Ordered to engrossing and enrolling.
09/10/2021
Senate
In Senate. Concurrence in Assembly amendments pending.
09/10/2021
Assembly
Read third time. Passed. (Ayes 41. Noes 32. Page 3160.) Ordered to the Senate.
09/01/2021
Assembly
Ordered to third reading.
09/01/2021
Assembly
Read third time and amended.
08/31/2021
Assembly
Read second time. Ordered to third reading.
08/30/2021
Assembly
Read second time and amended. Ordered to second reading.
08/26/2021
Assembly
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).
08/19/2021
Assembly
August 19 set for first hearing. Placed on suspense file.
07/14/2021
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.
07/06/2021
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
06/10/2021
Assembly
Referred to Com. on PUB. S.
06/02/2021
Assembly
In Assembly. Read first time. Held at Desk.
06/02/2021
Senate
Read third time. Passed. (Ayes 30. Noes 8. Page 1394.) Ordered to the Assembly.
05/24/2021
Senate
Read second time. Ordered to third reading.
05/20/2021
Senate
Read second time and amended. Ordered to second reading.
05/20/2021
Senate
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1203.) (May 20).
05/14/2021
Senate
Set for hearing May 20.
05/04/2021
Senate
May 3 hearing: Placed on APPR suspense file.
04/21/2021
Senate
Set for hearing May 3.
04/14/2021
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 778.) (April 13). Re-referred to Com. on APPR.
03/19/2021
Senate
Set for hearing April 13.
03/03/2021
Senate
Referred to Com. on PUB. S.
02/22/2021
Senate
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
02/22/2021
Senate
(Ayes 32. Noes 4.)
02/22/2021
Senate
Art. IV. Sec. 8(a) of the Constitution dispensed with.
02/22/2021
Senate
Read first time.
02/22/2021
Senate
From printer. May be acted upon on or after March 24.
02/19/2021
Senate
Introduced. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 20, 2021 6:04:53 AM
Record Updated
Dec 14, 2021 12:12:05 PM