California Black Media

Republicans and Democrats Spar Over Bill That Would Allow Some Life Sentences to be Overturned

California Senate and Assembly Republicans are rallying against Senate Bill (SB) 94, legislation that would allow people sentenced to life in prison without the possibility of parole to petition the court for a lighter sentence. The bill authored by Senator Dave Cortese (D-San Jose), would enable the court to resentence people imprisoned without the possibility of parole if the individual has served a minimum of 25 years and if their offense occurred before June 5, 1990.

Published

9 months ago

September 11, 2024

Oakland Post

iStock

By Bo Tefu, California Black Media

California Senate and Assembly Republicans are rallying against Senate Bill (SB) 94, legislation that would allow people sentenced to life in prison without the possibility of parole to petition the court for a lighter sentence.

The bill authored by Senator Dave Cortese (D-San Jose), would enable the court to resentence people imprisoned without the possibility of parole if the individual has served a minimum of 25 years and if their offense occurred before June 5, 1990.

According to SB 94, only individuals convicted under “special circumstance murder” would be eligible to petition for a new sentence. The proposed law would not apply to individuals that committed murder in an egregious manner such as torture, poison, lying in wait, rape by instrument, mayhem, and other offenses, according to Cortese.

Republican Senators released an extensive analysis of the bill outlining how it undermines public safety and arguing that the early release of violent criminals is “an affront to victims, their families and people concerned about crime rates statewide.”

At a press conference on Aug. 22, Senate Minority Leader Brian W. Jones (R-San Diego), joined other GOP lawmakers in denouncing the bill, asserting that freedom is a right reserved for law-abiding citizens.

“When violent murderers brutally take a life, they lose their right to freedom,” said Jones.

“Now, radical Democrat politicians want to bring these violent offenders back into our communities. Releasing heinous murderers after promising justice to the victims’ families is not just disrespectful, it’s dangerous,” he said.

Pushing back on the criticisms from across the aisle, Cortese put out on statement stating that Republicans are spreading misinformation about the bill. Cortese reiterated that the bill would not release people from prison, rather it would send people to judicial court, State Parole Board, and the Governor. .

“At each level, public safety is paramount, by utilizing the four-tiered process we are ensuring that only those who have rehabilitated pursuant to a Judicial Court, the Parole Board, and our Governor have the potential to be released. All three must agree. Only those having already served a minimum of 25 years may request a hearing,” said Cortese.

“I would encourage everyone to read the bill and read our proposed amendments,” Cortese added.