Sponsor
Benjamin Allen
First Action
Feb 17, 2021
Latest Action
Oct 8, 2021
Origin Chamber
Senate
Type
Bill
Bill Number
483
State
California
Session
20212022
Sponsorship by Party
Benjamin Allen
grade
Author
Senate Votes (5)
Assembly Votes (3)
Motion Text
Unfinished Business SB483 Allen Concurrence
Senate Roll Call Votes
Summary
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 circ*mstances.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 reimbursem*nt.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursem*nt for those costs shall be made pursuant to the statutory provisions noted above.
02/17/21 - Introduced
February 17, 2021
03/03/21 - Amended Senate
March 3, 2021
05/20/21 - Amended Senate
May 20, 2021
07/07/21 - Amended Assembly
July 7, 2021
07/15/21 - Amended Assembly
July 15, 2021
09/01/21 - Amended Assembly
September 1, 2021
09/14/21 - Enrolled
September 14, 2021
10/08/21 - Chaptered
October 8, 2021
04/25/21- Senate Public Safety
April 25, 2021
05/07/21- Senate Appropriations
May 7, 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
09/09/21- Sen. Floor Analyses
September 9, 2021
Sort by most recent
10/08/2021
California State Legislature
Chaptered by Secretary of State. Chapter 728, Statutes of 2021.
10/08/2021
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 26. Noes 10. Page 2611.) Ordered to engrossing and enrolling.
09/09/2021
Senate
In Senate. Concurrence in Assembly amendments pending.
09/09/2021
Assembly
Read third time. Passed. (Ayes 43. Noes 25. Page 3027.) Ordered to the Senate.
09/01/2021
Assembly
Ordered to third reading.
09/01/2021
Assembly
Read third time and amended.
08/30/2021
Assembly
Read second time. Ordered to third reading.
08/26/2021
Assembly
From committee: Do pass. (Ayes 12. Noes 4.) (August 26).
08/19/2021
Assembly
August 19 set for first hearing. Placed on suspense file.
07/15/2021
Assembly
Read second time and amended. Re-referred to Com. on APPR.
07/14/2021
Assembly
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13).
07/07/2021
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 26. Noes 9. Page 1376.) 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 1193.) (May 20).
05/14/2021
Senate
Set for hearing May 20.
05/10/2021
Senate
May 10 hearing: Placed on APPR suspense file.
04/30/2021
Senate
Set for hearing May 10.
04/28/2021
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.
03/26/2021
Senate
Set for hearing April 27.
03/11/2021
Senate
Re-referred to Com. on PUB. S.
03/03/2021
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
02/25/2021
Senate
Referred to Com. on RLS.
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.
02/18/2021
Senate
From printer. May be acted upon on or after March 20.
02/17/2021
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 18, 2021 12:03:06 PM
Record Updated
Dec 4, 2021 12:13:49 AM