Criminal procedure: sentencing.

Plain English Breakdown

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Criminal Sentencing Changes

This law would change how past crimes committed before age 18 affect sentencing for serious or violent felonies under California's Three Strikes Law.

What This Bill Does

• Changes the Three Strikes Law to not count juvenile offenses and prior convictions from when someone was younger than 18 in determining additional prison time.
• Allows people who were previously sentenced based on these past crimes before age 18 to have their sentences reviewed and possibly reduced.
• Requires district attorneys and public defenders to be involved in the process of reviewing old sentences.
• Sets up a system for local agencies to get reimbursed by the state if they incur costs from implementing this law.

Who It Names or Affects

• People who were sentenced under California's Three Strikes Law based on crimes committed before age 18.
• District attorneys and public defenders involved in reviewing old sentences.
• Local agencies that may need to spend money to follow the new rules.

Terms To Know

Three Strikes Law

A law that gives longer prison sentences for people who commit serious or violent crimes after having been convicted of similar crimes before.

Sentence enhancement

Adding extra time to a prison sentence because of past criminal history.

Limits and Unknowns

• The bill did not pass and died on inactive file, so it has no legal effect.
• It is unclear how many people will be affected by the changes proposed in this law.

Official Summary Text

AB 1279, as amended, Sharp-Collins.
Criminal procedure: sentencing.
Existing law, added by Proposition 184, approved at the November 8, 1994, statewide general election, and amended by the Three Strikes Reform Act of 2012, approved as Proposition 36 at the November 6, 2012, statewide general election, commonly known as the Three Strikes Law, imposes additional years of imprisonment in state prison on a person who commits a serious or violent felony and has been convicted of, or who has a prior conviction for, a serious or violent felony. A prior juvenile adjudication constitutes a prior serious or violent felony conviction for purposes of this sentence enhancement if the juvenile was 16 years of age at the time and other requirements are met. The Legislature may directly amend these initiatives by a statute passed in each house by a
2
/
3
vote, or by a
statute that becomes effective only when approved by the voters.
This bill would amend those initiative statutes by prohibiting a prior juvenile adjudication
or a prior conviction for an offense that occurred before the person was 18 years of age
from being considered a prior serious or violent felony conviction for purposes of sentence enhancement. The bill would provide a means of vacating a prior juvenile adjudication
or conviction enhancement
and resentencing a defendant on any remaining counts, as specified. By requiring the participation of district attorneys and public defenders in the resentencing process, 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.

Current Bill Text

Download Bill PDF