Legislation Tracker

Establishes maximum caseload standards for public defenders in California, based on recommendations from the American Bar Association and the RAND Corporation study. Limits felony caseloads to 150 per attorney per year, misdemeanors to 400, and juvenile cases to 200.

Reclassified certain nonviolent property and drug offenses from felonies to misdemeanors. Allows individuals previously convicted of these felonies to petition for resentencing. Redirected savings to mental health, drug treatment, and school programs.

Allows parole consideration for nonviolent felony offenders who have served their primary sentence. Authorizes CDCR to award credits for good behavior and rehabilitative programming. Requires juvenile court judges to decide whether minors should be tried as adults.

Reformed California's felony murder rule to require that a defendant must have been a major participant who acted with reckless indifference to human life, or was the actual killer. Allows those previously convicted under the old standard to petition for resentencing under Penal Code section 1172.6.

Prohibits the state from seeking or obtaining a criminal conviction or sentence based on race, ethnicity, or national origin. Allows defendants to challenge convictions and sentences where statistical evidence demonstrates racial bias in charging, conviction, or sentencing, even without proof of intentional discrimination.

Requires courts to dismiss sentencing enhancements in the interest of justice when specific mitigating circumstances are present, including age, mental illness, prior victimization, and whether the enhancement is based on a prior conviction that is over 5 years old.

Proposes to require that public defender salaries match district attorney salaries at equivalent experience levels within each county. Addresses the longstanding pay gap that drives experienced attorneys out of public defense and into prosecution or private practice.

Proposes to expand the right to counsel beyond criminal proceedings to include certain civil matters with liberty or safety implications — immigration detention hearings, eviction proceedings, and civil commitment hearings. Modeled after New York City's universal representation program.

Expands resentencing eligibility for individuals who committed offenses before age 26, recognizing neuroscience research on brain development. Would allow courts to consider youthful factors at resentencing hearings for those currently serving lengthy sentences.

Expands California's automatic record clearance to include additional conviction types and reduces waiting periods. Builds on AB 1076 (2019) to automate the process of clearing eligible records through the Department of Justice database, removing barriers to employment, housing, and education.

Federal bill proposing to establish minimum standards for public defense systems nationwide, including caseload limits, independence from judicial oversight, and adequate compensation. Would create a federal grant program to help states meet these standards.

Federal sentencing and prison reform law that reduces mandatory minimums for certain drug offenses, expands compassionate release, and increases good-time credits. Also requires the Bureau of Prisons to provide programming aimed at reducing recidivism.