AB 2483 – Changes to Post-conviction Proceedings in California

On September 29, 2024, the Governor of California signed into law a new bill that would create a uniform resentencing procedure.

In the past decade, the California legislature has passed numerous bills that have provided incarcerated individuals with the opportunity to ask courts to have their sentences recalled and reduced. Some of these ameliorative statutes include AB 2942 – Recall of Sentence and Resentencing, which grants district attorneys the ability to make resentencing referrals; the RISE Act (SB 483); and SB 775/SB 1437, which effectively eliminated the role of the natural and probable consequences doctrine in murder cases and dramatically limited who can be charged under the felony murder doctrine.

Those and other legislation have provided an opportunity for countless people to petition the courts to have their sentences reduced. The new laws have given defendants hope that the tough-on-crime policies of the past would not result in them serving unjust and draconian sentences. Unfortunately, many of the new laws have failed to provide clear guidelines for either the courts or practitioners.

The new bill would require courts to institute a plan for a “fair and efficient” handling of all postconviction matters. Moreover, AB 2483 provides certain rules that should apply in all future postconviction proceedings, unless the ameliorative statute at issue provides more specific rules. The rules provided for in the statute include:

• If an unrepresented defendant initiates a postconviction proceeding authorized by the law, the court at that time should consider whether to appoint counsel, which the court can decide at any point in the proceedings;
• The new legislature gives courts the power to modify every aspect of a sentence, even if it was imposed after a guilty plea. Moreover, courts are required to consider all applicable circumstances that have taken place since the initial sentence was imposed, which could arguably include post-conviction factors as well as any new sentencing laws;
• The new legislation prohibits prosecutors or the courts to use the resentencing based on changes in the laws as a basis to rescind a plea agreement;
• The new law requires courts to put on the record the reasons for granting or denying the initiation of resentencing proceedings and to inform the defendant of the court’s decision and to advise the defendant of their right to appeal;
• The parties can waive a hearing and the court can proceed directly to the resentencing. In addition, the defendant would have the right to waive their personal presence and appear remotely; and
• The law also allows for victims of a crime to be heard if they wish to be heard pursuant to the provisions of Section 28 of Article I of the California Constitution, or pursuant to any other provision of law applicable to the hearing and courts should provide them with the opportunity to do so.

As highlighted above, currently, there are a number of ameliorative statutes that could be used by defendants to petition courts for resentencing. At the Justice Firm we believe that it’s very important to work with a reliable and experienced attorney who specializes in post-conviction matters. We know that the attorney-client relationship is an important aspect of your legal journey and our highly skilled attorneys are here to help and answer any questions you might have.

If you or a loved one is serving a lengthy prison sentence and have questions about any of the currently available ameliorative statutes or any other avenues potentially available for resentencing that could impact your case, contact our California appeals attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.