California's New Law: Sb 136 And Its Impact

On October 8, 2019, California Governor Gavin Newsom signed SB 136 into law, with the legislation taking effect on January 1, 2020. SB 136 amends Section 667.5 of the Penal Code, which relates to sentencing. The new law imposes an additional one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This replaces the existing law, which imposed an additional three-year sentence for each prior separate prison term served by a defendant where the prior and current offense was a violent felony.

SB 136 was signed into law by California Governor Gavin Newsom on October 8, 2019

On October 8, 2019, California Governor Gavin Newsom signed SB 136 into law. The bill, authored by Senator Scott Wiener, amends Section 667.5 of the Penal Code relating to sentencing.

SB 136 dismantles a sentence enhancement that adds an extra year to an individual’s base sentence for each prior prison or felony jail term they have already served. This is known as the one-year sentence enhancement.

Under existing law, an additional three-year sentence is imposed for each prior separate prison term served by a defendant where the prior and current offense was a violent felony. For other felonies, an additional one-year term is imposed for each prior separate prison or county jail felony term, except under specified circumstances.

SB 136 imposes that additional one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This includes a conviction or a finding of not guilty by reason of insanity for a felony violation of Section 261 (rape), 262 (spousal rape), 264.1 (gang rape), 269 (aggravated sexual assault of a child), 286 (sodomy), 287 (oral copulation), 288 (lewd or lascivious acts with a child), 288.5 (continuous sexual abuse of a child) or 289 (forcible penetration with a foreign object) or former Section 288a (oral copulation with a minor) of the Penal Code.

The new law took effect on January 1, 2020, and was applied retroactively to any case where judgment was not final.

The law amends Section 667.5 of the Penal Code, relating to sentencing

SB 136, also known as The RISE Act, amends Section 667.5 of the California Penal Code, which relates to sentencing. The law addresses sentencing enhancements, which add additional years to an individual's sentence.

The previous law imposed an additional three-year sentence for each prior separate prison term served by a defendant where the prior and current offense was a violent felony. For other felonies, an additional one-year term was imposed for each prior separate prison or county jail felony term, except under specified circumstances.

The new law amends this by imposing an additional one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This change reins in an expensive and racially discriminatory sentence enhancement that lengthens family separations.

The new law also specifies that the additional one-year term will not be imposed if the individual has remained free of both the commission of a felony and prison custody for a period of five years.

SB 136 was authored by Senator Scott Wiener and signed by Governor Gavin Newsom on October 8, 2019. It went into effect on January 1, 2020.

The law came into effect on January 1, 2020, but was retroactive to any case where judgment was not final

SB 136, signed into law by California Governor Gavin Newsom on October 8, 2019, amends Section 667.5 of the Penal Code relating to sentencing. The law came into effect on January 1, 2020, but was retroactive to any case where judgment was not final.

The new law amends Penal Code § 667.5(b), making the one-year prison prior sentence enhancement applicable only if the defendant served a prior prison term for a sexually violent offense as defined under Welfare & Institutions Code § 6600(b). This means that the law strikes the one-year sentence prison prior enhancement previously applicable under Penal Code § 667.5(b) for anyone with an open case or a case that has not yet reached a final judgment, except for those who have been convicted of a sexually violent offense.

The retroactivity of the law is illustrated by the case of People v. Jose Carlos Lopez (2019 DJDAR 10703), a decision by the Fifth Appellate District Court of Appeal. In this case, the appellate court struck the four one-year enhancements under Penal Code § 667.5(b) because it found that none of Lopez’s four prior prison terms were for sexually violent offenses under Welfare & Institutions Code § 6600(b).

The law is not retroactive to cases that have reached a final judgment.

The law strikes the one-year sentence prison prior enhancement previously applicable under Penal Code § 667.5(b)

SB 136, also known as The RISE Act, was signed into law by California Governor Gavin Newsom on October 8, 2019, and went into effect on January 1, 2020. The law addresses sentencing enhancements, which add extra years to an individual's sentence for prior prison or felony jail terms they have already served.

SB 136 specifically targets the one-year sentence enhancement under Penal Code § 667.5(b). Previously, if an individual was convicted of a felony and had previously served time in prison or jail for a prior felony, a one-year enhancement could be added to their current sentence. This was often "stacked on top of long base sentences and other enhancements."

The law strikes this one-year sentence enhancement. Instead, it imposes a one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This means that the one-year enhancement will only apply if the individual's prior felony conviction was for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.

The law also specifies that this additional term will not be imposed if the individual remained free of both the commission of a felony and prison custody for a period of five years after serving their prior prison term.

The law is not retroactive to cases that have reached a final judgment

SB 136, also known as The RISE Act, was signed into law by California Governor Gavin Newsom on October 8, 2019. The law addresses sentencing enhancements, which add extra years to an individual's sentence for prior prison or felony jail terms they have already served.

SB 136 amends Section 667.5 of the Penal Code. The law imposes an additional one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This is in contrast to existing law, which imposes an additional one-year term for any felony and an additional three-year term for violent felonies as defined.

The principle of non-retroactivity is a general rule in law, which states that laws should only have a prospective effect and must not be applied retroactively to pending disputes and cases. This is based on the idea that retroactive legislation can be unjust and oppressive, as it can punish individuals for violations of laws not yet enacted, unsettle vested rights, or disturb the legal effect of prior transactions.

There are, however, exceptions to the rule of non-retroactivity. Laws can be retroactive if they meet certain criteria. For example, if the law itself provides for retroactivity, if it is remedial or curative in nature, or if it is a substantive right being declared for the first time, provided vested rights are not impaired.

In the context of criminal law, new rules generally apply prospectively but can sometimes apply retroactively. The retroactive application depends on the nature of the new rule and the stage of the review process. Substantive rules, which declare that conduct previously outlawed may not be criminalized, apply retroactively. On the other hand, procedural rules do not apply retroactively unless they are considered "watershed rules of criminal procedure" that implicate the fundamental fairness and accuracy of the criminal proceeding.

It is important to note that the discussion of retroactivity often arises in the context of challenging past cases based on new rules. The applicability of new rules to convictions that have already become final follows the general framework that new substantive rules apply retroactively, but new procedural rules do not.

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