AB 1224 – (Levine) Status: 05/20/2021 In committee: Held under submission (This is an action taken by a committee when a bill is heard in committee and there is an indication that the author and the committee members want to work on or discuss the bill further, but there is no motion for the bill to progress out of committee.) Bill Analysis Summary: This bill allows a court to dismiss a special circumstance finding or admission either upon motion of the parties or on its own motion. Specifically, this bill: 1) Permits a judge to retroactively order the dismissal of a special circumstance finding or admission after a judgment has become final and the sentence has been executed or the imposition of sentence has been suspended, including all cases in which the sentence was life imprisonment without the possibility of parole (LWOP) or the death penalty. 2) States a court, in exercising its discretion to dismiss a special circumstance finding after judgment has been pronounced, shall consider all relevant circumstances, regardless of whether those circumstances were previously presented at any time during the previous proceedings. 3) States it shall be presumed that the special circumstance finding be dismissed unless the prosecution demonstrates beyond a reasonable doubt that the defendant would commit a future violent offense if the offense was committed 20 or more years before the motion to dismiss is filed, and the defendant has not committed or attempted to commit an act of violence since the pronouncement of judgment. 4) Requires the reasons for the dismissal or denial of dismissal of a special circumstance finding or admission pursuant to this section be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.
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