Law Change: Effective January 1, 2022, Senate Bill 483 will become effective

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Under this bill, sentencing enhancements that were imposed before January 1, 2020, for prior separate prison felony terms, are legally invalid. SB 483 excludes enhancements for prior convictions of sexually violent offenses from relief.

In addition, this new law provides that any sentence enhancement imposed prior to January 1, 2018, for prior drug related convictions, is legally invalid. SB 483 excludes enhancements that were imposed for prior convictions involving the use of minors in the commission of offenses that involved controlled substances.

Under SB 483, the person would be entitled to re-sentencing which should result in a lesser sentence than that which was originally imposed unless the court determines by clear and convincing evidence that a lesser sentence would endanger public safety. However, the court could not re-sentence the client to a sentence longer than the one that was originally imposed.

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