recent changes in the law
For topics no longer “Recent” but still potentially relevant, see Archive.
For additional topics, see News Alerts Index
CASES
- Cases pending in the California and United States Supreme Courts
- Facially sufficient Penal Code 1170.95 petition requires appointment of counsel and consideration of the record of conviction for prima facie determination: People v. Lewis
- Clarifying whether a judgment is not yet final to apply Estrada's retroactivity rule
- Supreme Court update on criminal procedure
- LWOP and sentences amounting to LWOP in youth cases: cruel and unusual punishment
- Sixth Amendment confrontation under Crawford and progeny: use of "testimonial" out-of-court statements
- Sex Offender Registration
- An aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine.
- No great bodily injury enhancements under Penal Code section 12022.7, subdivision (a), can attach to a conviction for murder or manslaughter
- Denial of motion to recall a sentence is broadly appealable as order after judgment affecting the substantial rights of the party
- Search and seizure: digital privacy in the post-Riley world
STATUTES
- SB 1209 extends Penal Code section 1170.91 relief to pre-2016 judgments, sentences imposed after a plea, and some indeterminate judgments
- SB 1106 - Unpaid restitution no longer barrier to post-conviction relief or out-of-state parole
- AB 960 modifies compassionate release procedure
- SB 1008 - Keeping Families Connected Act - requires CDCR to provide free communication services/calls to prisoners
- AB 256 - Racial Justice Act For All - modifies Penal Code section 745 and makes the Racial Justice Act retroactive
- AB 1803 creates indigency exemption for paying filing fees to seek record relief
- SB 990 creates changes where prisoner can be released on Parole or PRCS
- AB 200 renumbers select resentencing statutes
- SB 317 extends conduct credits to those confined in a state hospital or other mental health treatment facility pending a return to mental competency
- SB 775 modifies Penal Code section 1170.95 by, inter alia, expanding its application to attempted murder and manslaughter, codifying the holding of People v. Lewis (2021) 11 Cal.5th 952, outlining what evidence is admissible at the (d)(3) hearing, and reaffirming the proper burden of proof at the (d)(3) hearing
- AB 177 repeals more fees, including collection fees, and makes the unpaid balance uncollectible
- AB 1228 requires a court to release a person on their own recognizance pending probation revocation hearing, absent clear and convincing evidence that conditions or bail are necessary
- List and chart select new laws effective January 1, 2022, that impact many criminal, some delinquency and some dependency cases
- SB 567, AB 124, and AB 1540 amend sentencing rules, provide more lenience to victims of human trafficking, intimate partner violence, or sexual violence who have been arrested or convicted, and specify procedures following a court's receipt of a recommendation to recall and resentence a defendant
- SB 483 declares certain enhancements legally invalid including prior prison terms and some drug enhancements
- SB 81 amends Penal Code section 1385 to require dismissal of enhancements if it is in the furtherance of justice
- AB 333 redefines Penal Code section 186.22's "pattern of criminal gang activity" and requires separate trials on the underlying offense and gang enhancement when requested by the defense
- SB 73 permits persons convicted of certain drug offenses to be granted probation or a suspended sentence
- AB 518 amends Penal Code section 654 to permit an act punishable in different ways by different laws to be punished under any of those laws
- AB 1259 expands category of persons who can seek to vacate conviction or sentence under Penal Code section 1473.7
- New Law Redefines Peremptory Challenge Procedures to Eradicate Implicit Bias - Assembly Bill No. 3070
- AB 624 creates new appealable order - juvenile court order transferring minor from juvenile cout to court of criminal jurisdiction is appealable
- Juvenile Justice Realignment - Senate Bill No. 92
- Juvenile Justice Realignment - Senate Bill No. 823
- Racial Justice Act of 2020 - Assembly Bill No. 2542
- AB 1869 repeals 23 criminal administrative fees and writes off outstanding rebt related to them
- AB 1950 reduces the length of probationary terms
- AB 3043 grants right to confidential phone call with client in CDCR custody
- SB 136 amendment to Penal Code section 667.5, subdivision (b) potentially reduces sentences starting in 2020
- SB 1393 amendments to Penal Code sections 667(a) and 1385 will allow judges to strike serious prior conviction enhancements under section 667(a)
- SB 1437 narrows accomplice liability that can support a murder conviction and provides a mechanism for retroactive relief in Penal Code section 1170.95
- SB 1391 restricts district attorney’s ability to transfer cases where defendant was a minor when the offense was committed
- Diversion for offenders affected by mental disorders
- California's sex offender registration laws to be restructured as of January 1, 2021
- Two amendments to statutes on enhancements potentially reduce sentences starting in 2018 – SB 620 and SB 180
- Proposition 47 reduction of enumerated felonies to misdemeanors
- Proposition 36 modifications to Three Strikes law
- Welfare and Institutions Code section 786 modifications to law on sealing of juvenile records
- Submit issue involving fines or fees to superior court before raising on appeal
- New Laws for this year for Criminal Law Practitioners (pdf download)
- Tracking pending legislation
RULES
- Publication and precedential effect of review-granted opinions
- ADI guide to selected rule changes effective January 1, 2014
- New and amended rules – recent Judicial Council and Supreme Court actions
Guidance on what attorneys can do to help clients take advantage of favorable changes in the law and an analysis of general principles of retroactivity is at Potentially Favorable Changes in the Law (PDF).