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1170.95 Expansion To Attempted Murder & Manslaughter

SB 775, as introduced, Senator Becker. Felony murder: resentencing. An act to amend Section 1170.95 of the Penal Code, relating to murder. LEGISLATIVE COUNSEL'S DIGEST: 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 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 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. This bill would require a court to find prima facie showing has been made unless the declaration fails to show that they meet the requirements for resentencing. The bill would require a court to hold a prima facie hearing prior to denying a petition and, if the court believes the petitioner has not made a prima facie showing, to appoint counsel to represent the petitioner at that hearing. 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.

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