SB 775 – (Becker) Status: 08/26/2021 From committee: Do pass as amended (Ayes 11. Noes 4.) Background: This bill 1) Clarifies that a person who was convicted of attempted murder under the natural and probable consequences doctrine or any other theory under which malice is imputed to the person based solely on their participation in a crime 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. 2) Requires a court to find a prima facie showing has been made that a petitioner falls within resentencing provisions unless the declaration fails to show that they meet the requirements for resentencing. 3) Specifies that upon receiving a petition in which the information required is set forth or a petition where any missing information can be readily ascertained by the court, if the petitioner has requested counsel the court shall appoint counsel to represent the petitioner. 4) Specifies that a finding that there is substantial evidence to support a conviction of murder, attempted murder, or manslaughter is insufficient to prove beyond a reasonable doubt that the petitioner is ineligible for resentencing. 5) Provides that a person convicted of murder, attempted murder, or manslaughter whose conviction is not final may challenge on direct appeal the validity of that conviction.
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