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Eleven New Crime Related Laws Effective in 2023
In a Nutshell: On January 1, 2023, eleven new crime-related laws became effective, some of which the reader may know about (now that it is more than 19 months later!). The reader may not know about others, which this article seeks to describe and explain.
2023 was a busy year for lawmakers in the criminal law context. Below is a listing of eleven new laws affecting criminal conduct and those already in prison, starting with three new juvenile laws.
- Custody Credit for Juveniles on Electronic Home Monitoring. Assembly Bill (AB) 2658 provides that a juvenile will receive credit towards his or her maximum time of confinement by the time spent on electronic home monitoring. Previously, no such credit was given.
- No More Coercive Custodial Interrogation of Juveniles: AB 2644 prohibits an officer from using threats, physical harm, deception or psychologically manipulative interrogation tactics when questioning a person age 17 or younger about the commission of a felony or a misdemeanor, adding Welfare & Institutions Code § 625.7 for this.
- Higher Standard for Transfer of Juvenile to Adult Court: AB 2361 requires the juvenile court to find by clear and convincing evidence that the minor is not amendable to rehabilitation while under the jurisdiction of the juvenile court in order to transfer the minor to adult court. This new law amends Welfare & Institutions Code § 707 for this.
- Compassionate Relief Recommendation Required by CDCR. AB 960 requires the CDCR to make a recommendation for recall and resentencing of an incarcerated person who has a serious and advanced illness with an end-of-life trajectory or who is found to be permanently medically incapacitated. Adds Penal Code § 1172.2 to provide this.
- Restitution Payment in Full No Longer Required for Expungement. AB 1803 prohibits a judge from denying an expungement relief to an otherwise qualified person solely on the basis that the person has not satisfied his or her restitution obligations. Adds Penal Code §§ 1203.426 and 1203.427 to provide for this.
- County Jail Discharge, 3 Free Phone Calls: AB 2023 entitles a person incarcerated in, or recently released from a county jail to have access to up to three free phone calls in the county jail to plan for a safe and successful relief. This bill added Penal Code § 4024.5 to provide this.
- Certificate of Rehabilitation Requirements Changed: AB 1924 allows a person convicted of a felony, other than a registrable sex offense, to file a petition for a certificate of rehabilitation without having the conviction expunged and repeals the requirement that the person has not been incarcerated since the dismissal. The bill amends Penal Code 4852.01 to provide this new standard.
- New Law of Nuisance at Penal Code § 372.5 for Drug Charges. AB 2195 allows a person charged with unlawful cultivating, manufacturing, transporting, giving away, selling or possession or use of a drug, or possession or use of drug paraphernalia to enter a plea to Penal Code § 372.5 to avoid adverse immigration consequences. We applaud this new law, as it will help resolve many motions to vacate that we file under Penal Code § 1473.7(a)(1).
- Lower Standard for Mental Health Diversion: SB 1223 requires a court to consider granting a defendant mental health diversion if the defendant has been diagnosed with a mental disorder and states that the court shall find the mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not. This new provision is found at Penal Code §§ 1001.36, 1370 and 1370.01.
- Broadens Resentencing Provisions for Military Veterans: SB 1209 expands Penal Code 1170.91 to allow defendants who suffered from a service-related trauma to petition for recall and resentencing regardless of whether the sentence was imposed prior to January 1, 2015, and regardless of whether defendant was sentenced to an indeterminate sentence, but exempts persons convicted of specified violent offenses (super strikes) and registrable sex offenses. Previously, AB 865 (at Penal Code § 1170.91) was limited to those veterans sentenced before 2015 and the sentence had to be a determinate sentence.
- Street Racing Can be Charged as Vehicular Manslaughter if Death Results: SB 1472 provides that certain behavior can constitute gross negligence for wobbler vehicular manslaughter charges. This new law amends Penal Code § 192 to provide for this.
For more information about recent new laws, please click on the following articles:
