Senate passes CA bill allowing judicial review of old sentences

Share:

As originally written, California’s SB 94 would have allowed judges to review death and life-without-parole sentences for people imprisoned for at least 20 years. The Senate passed the bill last week with 22 votes, one vote more than needed, sending it to the Assembly, but not without significant amendments.

It is now limited to those individuals serving a sentence of life without parole who have been imprisoned for 25 years (originally 20). It will allow only two subsequent petitions for review to be filed (formerly unlimited) after at least three years (formerly two). As in the original bill, the ability to appeal will only be available to individuals convicted of the offense before June 5, 1990.

It is a significant step, even with the amendments, as Sen. Dave Cortese (D-San Jose), the bill’s sponsor, makes clear:

“It is necessary to correct sentences that would not be imposed today because of legal reforms enacted since an individuals conviction. Judges should have the opportunity to take a second look at these sentences in light of evolving standards of decency and reforms that mandate the consideration of mitigating factors at sentencing such as youth, childhood trauma, victimization, race, military service and mental illness, and in light of changed circumstances, including an individuals rehabilitation.”

.

You might also be interested in...

Father Chris Ponnet (1957–2025)

Death Penalty Focus is mourning the loss of our Board Member, Father Chris Ponnet, who died on October 7 in...
Read More

Florida’s killing spree continued today with its 12th execution this year, a new record for the state

The State of Florida killed 63-year-old David Pittman today, its 12th execution this year, the highest number since the state...
Read More

“The State of Tennessee killed a gentle, kind, fragile, intellectually disabled man in violation of the laws of our country simply because they could.”

The State of Tennessee executed Byron Black yesterday, a 69-year-old man who had a documented intellectual disability, end-stage kidney disease,...
Read More