AB 88: Criminal procedure: victims’ rights.

Existing law authorizes a court, under specified circumstances, to resentence a defendant convicted of a felony offense. Under existing law, resentencing can be granted without a hearing upon stipulation of the parties.

This bill would require a victim of the crime who wishes to be heard regarding the resentencing to notify the prosecution of their request for a hearing within 15 days of being notified that resentencing is being sought, and would require the court to provide an opportunity for the victim to be heard.

Existing law requires any person, except the victim, who is entitled to attend a parole hearing and intends to do so, to provide at least 30 days notice to the Board of Parole Hearings. Existing regulations of the Department of Corrections and Rehabilitation require victims, the victims next of kin, members of the victims family, victim representatives, counsel for any of these persons, and victim support persons to give notice of their intention to attend, to the department, as specified.

This bill would limit the amount of notice that the department may require from any of these persons to no more than 15 days.

This bill would incorporate additional changes to Section 1172.1 of the Penal Code proposed by AB 600 to be operative only if this bill and AB 600 are enacted and this bill is enacted last.