New Laws for 2022
In 2021, the Legislature passed (and the Governor signed) many criminal justice bills that significantly impact gang cases, Penal Code section 1170.95 proceedings, sentencing, and other areas of the criminal law. The following information on this page is intended to alert appellate counsel about some of the significant changes in the law that may impact cases currently pending on appeal and provide additional resources. If you have questions regarding a specific case after reviewing these resources, contact the CCAP staff attorney assigned to the case.
Additionally, Assembly Bill No. 200, a public safety omnibus budget bill, was signed by the Governor on June 30, 2022, and takes effect immediately. AB 200 amends many different statutes (see below for Garrick Byers’ analysis of AB 200). Here are some highlights of AB 200:
- Amends laws to address the closure of the Division of Juvenile Justice and makes substantive changes to juvenile laws
- Amends laws related to criminal history information
- Amends Penal Code section 1385 to make technical, non-substantive changes
- Amends Penal Code section 1001.95 (a misdemeanor diversion statute) to prohibit misdemeanor diversion for defendants charged with any offense involving domestic violence, as defined in Family Code section 6211 or Penal Code section 13700, subdivision (b)
- Renumbers certain resentencing provisions
- Penal Code section 1170.95 is renumbered to Penal Code section 1172.6
- Penal Code section 1170.03 is renumbered to Penal Code section 1172.1
- Penal Code section 1171 is renumbered to Penal Code section 1172.7
- Penal Code section 1171.1 is renumbered to Penal Code section 1172.75
- Provides that California Correctional Center (located in the Susanville, California) shall cease operations no later than June 30, 2023
Additional information about the AB 200 is available on the California Legislative Information website.
Some General Resources to Get Started
Garrick Byers’ treatise of the New Laws for 2022. Known as the “Statute Decoder,” Garrick Byers creates a compilation of the most important new statutes, rules, and forms for California criminal law each year. He has extensive criminal defense experience (he has practiced at both the trial and appellate level) and is certified by the California State Bar of California as a Criminal Law Specialist. He has created a thorough summary of the significant new laws for 2022.
Garrick Byers has also written an analysis of AB 200: AB 200: Effective Immediately. What To Do Right Now.
Ret. Judge Richard Couzens’ memo, Selected Changes in Criminal Procedure Effective 2022: What Judges Need to Know (April 2022).
ADI’s memo, Potentially Favorable Changes in the Law (External PDF link; written by former ADI Executive Director Elaine A. Alexander). This memo discusses how an appellant can take advantage of favorable changes in the law and addresses what action can be taken depending on the various stages of the appeal. Please note that the Courts of Appeal ADI works with (the Fourth District, Divisions One, Two, and Three) may have different procedures and policies than the Third District and Fifth District. Note also that there have been some very favorable recent decisions interpreting and applying In re Estrada (1965) 63 Cal.2d 740 (see CCAP’s charts below for a list of some of the decisions). Before undertaking any extraordinary work (e.g., filing a habeas petition, filing a motion to recall the remittitur, filing a petition for certiorari, or any filings in the trial court), contact the CCAP staff assigned to the case to discuss possible options (including whether a motion to expand your appointment would be necessary).
New 2022 Laws that Will Likely Impact Many Criminal Cases on Appeal
There are many new laws that will be favorable for criminal defendants and Garrick Byer’s compilation above outlines the most important changes. CCAP would specifically like to alert panel attorneys about the following changes, which we believe may impact a significant number of cases currently pending on appeal. (See ADI’s memo above for information about how to raise issues related to changes in the law depending on the stage of the appeal and general retroactivity principles.) We have created two charts with important highlights for the bills listed below.
- CCAP’s Chart of Selected 2021 Criminal Bills. This chart includes highlights for the following bills:
- Assembly Bill No. 333—Gang Evidence and Proceedings (Amending Pen. Code, § 186.22, Adding Pen. Code, § 1109)
- Assembly Bill No. 518—Selecting Punishment (Pen. Code, § 654)
- Senate Bill No. 73—Probation Eligibility for Drug Offenses (Amending Health and Safety Code, § 11370; Repealing and adding Pen. Code, § 1203.07; Repealing Pen. Code, § 1203.073; Amending Pen. Code, § 29820)
- Senate Bill No. 81—Dismissal of Enhancements (Amending Pen. Code, § 1385)
- Senate Bill No. 483—Retroactive Application of Senate Bill No. 180 and Senate Bill No. 136 for People Who are Currently Incarcerated (Adding Pen. Code, §§ 1171, 1171.1)
- Senate Bill No. 775— Senate Bill No. 1437 (Pen. Code, § 1170.95 (now renumbered to Pen. Code, § 1172.6). For additional information on SB 775, see Ret. Judge Richard Couzens’ memo, Accomplice Liability for Murder (SB 1437 and SB 775) April 2022.
- CCAP’s Chart for Assembly Bill No. 124, Assembly Bill No. 1540, and Senate Bill No. 567
Assembly Bill No. 124, Assembly Bill No. 1540, and Senate Bill No. 567 make numerous, very significant changes to criminal sentencing and resentencing procedures and cross-reference one another. Based on the importance of these changes and the interconnection of the three bills, CCAP has created a separate chart outlining the changes these bills make.
Legislative History Resources for 2022 Laws
In an effort to assist CCAP’s panel attorneys with raising issues based on the new laws, CCAP has ordered the legislative history for the following bills from a legislative history research service, Legislative Intent Service, Inc. (LIS):
- Assembly Bill No. 333—Gang Evidence and Proceedings (Amending Pen. Code, §§ 186.22, 1109)
- Assembly Bill No. 518—Selecting Punishment (Amending Pen. Code, § 654)
- The three bills that significantly impact sentencing:
- Assembly Bill No. 124,
- Assembly Bill No. 1540, and
- Senate Bill No. 567
- Senate Bill No. 81—Dismissal of Enhancements (Amending Pen. Code, § 1385)
- Senate Bill No. 775—SB 1437 (Amending Pen. Code, § 1170.95)
We have obtained permission from LIS to share the legislative history for the bills above with CCAP’s panel attorneys. Panel attorneys will not be charged for the legislative history reports, but must agree to NOT share the report. The legislative history reports are copyrighted by LSI and we have obtained special permission to share them with CCAP’s panel attorneys. CCAP panel attorneys may submit the above legislative history reports to the courts, but may not post the reports on any websites, may not share the reports on any listservs, and may not share the reports with anyone who is not a CCAP panel attorney.
If you are interested in receiving any of the above legislative history reports, send an email to resources@capcentral.org with the subject line “Legislative History Report Request.” Please specify which legislative history reports you would like.
How do I use a legislative history report?
The following resources contain very helpful information on legislative history research and the use of legislative history in court.
LRI’s Research and Practice Guide, (External PDF link)
This guide provides an overview of legislative intent, the legislative process, legislative history research, and using legislative history in court. (Although this guide was last updated in 2005, it is still a great resource on legislative history.)
LIS Using Extrinsic Aids in Statutory Construction (External PDF link) Unabridged (current through 2018), Updated February 2021
This resource provides information and case citations for utilizing legislative history documents as extrinsic aides to statutory construction. The cases are organized by the types of legislative history documents generated by the California Legislature.
Additional legislative history resources are available on LSI’s website. (External PDF link)