The bills involve a number of significant changes to juvenile justice and other criminal laws.
California has long had a reputation as a state that is tough on crime — starting with Governor Jerry Brown’s first term as governor. Yet in one of his final acts as California governor, Governor Brown signed a fresh set of criminal justice reforms designed to cement California’s new reputation as a leader in criminal justice reform.
The set of bills was part of an overall package of reforms that ushered in a new era of California criminal justice that is focused more on rehabilitation and fairness rather than punishment. Of particular importance given several high-profile police shootings and other instances of police misconduct, Governor Brown signed a set of laws that will bring about greater accountability for police.
California has the most stringent police records laws in the country. According to a criminal attorney Los Angeles, CA, these laws are so restrictive that it can often be difficult for prosecutors in criminal cases to access police personnel records. Yet under Senate Bill 1421, these confidentiality requirements are now lifted for cases involving police shootings sexual assault and other serious instances of police misconduct, such as lying. For theses tips of cases, police personnel files can be publicly released. In addition, Assembly Bill 748 requires the timely release of body camera video and audio in serious cases. Combined, these two laws will allow both the public and defendants in criminal cases to have greater access to information. This will be particularly helpful to defendants, as it may allow them to defend against criminal charges in cases where police may have lied, planted evidence or otherwise committed misconduct.
In the juvenile justice system, Governor Brown signed two critical bills into law. The first will prohibit the incarceration of children aged 11 and younger. The second will forbid children under the age of 16 from being tried as adults, regardless of the charge. These laws will allow the juvenile justice system to maintain its focus where it should be — on the rehabilitation of youth — and prevent the additional trauma of incarceration for young children.
Governor Brown also signed a bill that will provide more services for people exonerated of crimes, and a bill that will require California courts to automatically expunge eligible marijuana-related criminal convictions. A criminal attorney Los Angeles, CA can work with you to help determine if you may be eligible for such an expungement under this new law.
In addition, Senate Bill 1393 eliminates the mandatory sentencing enhancement of 5 years for people convicted of serious felonies. Instead, this sentencing enhancement will be a matter of judicial discretion. This law will give your criminal attorney Los Angeles, CA the opportunity to present an argument for why this particular enhancement should not be applied to your case.
Finally, Governor Brown signed a bill that made a major change to California law by reforming the felony murder rule. Currently, if you commit certain felonies and someone dies as a result, you may be charged with murder — even if the death was accidental. Under the new version, the felony murder rule can only be applied if you actually killed the person, or were an accomplice to the murder or the killer. This significantly limits the application of the felony murder rule, and may save thousands of people from spending the rest of their lives in jail.
These reforms are part of a new movement of criminal justice reform sweeping California. At the Chambers Law Firm, we are closely tracking bills and newly-signed laws so that we can better serve our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal attorney Los Angeles, CA.
