CaliforniaAB 8122025-2026 Regular SessionHouse

Recall and resentencing: incarcerated firefighters.

Sponsored By: Sade Elhawary (Democratic), Josh Lowenthal (Democratic)

Signed by Governor

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 2 costs, 0 mixed.

Broader power to reduce sentences

Courts can recall and resentence you within 120 days of commitment, or later if the law changed or key officials recommend it. Officials include CDCR, the Parole Board, county corrections, the district attorney, or the Attorney General. Any new sentence cannot be longer than the old one. The court can cut your term or erase the conviction and enter a lesser offense, but you must agree to any lesser offense. The court must use Judicial Council rules and any later laws that reduce sentences. It must weigh your rehabilitation, age, time served, health, changed facts, and trauma or youth at the time. All time you already served counts toward the new sentence.

Faster, fairer resentencing and referrals

When CDCR, the Parole Board, a county correctional leader, the district attorney, or the Attorney General asks for resentencing, the court presumes it should grant it unless you now pose an unreasonable risk to public safety. The court must notify you, set a status conference within 30 days, and appoint a lawyer. The court must explain its reasons on the record. It cannot deny resentencing or reject an agreement without a hearing, and you may appear by video unless your lawyer asks for you in person. If both sides agree, the court can resentence you without a hearing. Victims can ask to be heard by telling the prosecutor within 15 days, and the court must allow it. After the decision, the court must tell you how to appeal and the deadlines.

Resentencing path for incarcerated firefighters

By July 1, 2027, CDCR must set rules to refer Conservation Camp participants, former participants still in custody, and prison firehouse workers for resentencing using the extraordinary conduct process. The rules must allow referrals for people with two or more years left to serve. The rules cannot exclude someone just because of past or pending parole hearing dates. The rules also cannot require a minimum time served to be considered.

Limits on plea‑deal resentencing

If the court recalls your sentence on its own and your conviction came from a plea deal, it cannot replace it with a lesser offense unless both you and the prosecutor agree. If the case was prosecuted by the state Department of Justice, the Attorney General must agree.

No right to file your own request

You are not entitled to file your own resentencing petition under this section. If you ask the court to consider you, the court does not have to respond.

Sponsors & Cosponsors

Sponsors

  • Sade Elhawary

    Democratic • House

  • Josh Lowenthal

    Democratic • House

Cosponsors

  • LaShae Sharp-Collins

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 180 • No: 23

House vote 9/10/2025

Item 254 — Assembly AFLOOR

Yes: 57 • No: 5

Senate vote 9/9/2025

Item 321 — Senate SFLOOR

Yes: 30 • No: 10

legislature vote 8/29/2025

Vote in CS61

Yes: 5 • No: 2

legislature vote 8/18/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote 7/8/2025

Vote in CS72

Yes: 5 • No: 1

House vote 6/4/2025

Item 75 — Assembly AFLOOR

Yes: 57 • No: 4

legislature vote 5/23/2025

Vote in CX25

Yes: 11 • No: 1

legislature vote 3/25/2025

Vote in CX18

Yes: 8 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 712, Statutes of 2025.

    10/13/2025Senate
  2. Approved by the Governor.

    10/13/2025legislature
  3. Enrolled and presented to the Governor at 3 p.m.

    9/22/2025legislature
  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 5. Page 3215.).

    9/10/2025House
  5. In Assembly. Concurrence in Senate amendments pending.

    9/9/2025House
  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10. Page 2655.).

    9/9/2025Senate
  7. Read second time. Ordered to third reading.

    9/8/2025Senate
  8. Read third time and amended. Ordered to second reading.

    9/5/2025Senate
  9. Read second time. Ordered to third reading.

    9/2/2025Senate
  10. Read second time and amended. Ordered returned to second reading.

    8/29/2025Senate
  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).

    8/29/2025Senate
  12. In committee: Referred to suspense file.

    8/18/2025Senate
  13. Read second time and amended. Re-referred to Com. on APPR.

    7/10/2025Senate
  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 8).

    7/9/2025Senate
  15. Referred to Com. on PUB. S.

    6/18/2025Senate
  16. In Senate. Read first time. To Com. on RLS. for assignment.

    6/5/2025Senate
  17. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 4. Page 2058.)

    6/4/2025House
  18. Read second time. Ordered to third reading.

    5/27/2025House
  19. Read second time and amended. Ordered returned to second reading.

    5/23/2025House
  20. From committee: Amend, and do pass as amended. (Ayes 11. Noes 1.) (May 23).

    5/23/2025House
  21. Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)

    5/23/2025House
  22. In committee: Set, first hearing. Referred to suspense file.

    4/23/2025House
  23. Re-referred to Com. on APPR.

    3/28/2025House
  24. Read second time and amended.

    3/27/2025House
  25. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 25).

    3/26/2025House

Bill Text

  • Chaptered

    10/13/2025

  • Enrolled

    9/12/2025

  • Amended Senate

    9/5/2025

  • Amended Senate

    8/29/2025

  • Amended Senate

    7/10/2025

  • Amended Assembly

    5/23/2025

  • Amended Assembly

    3/27/2025

  • Introduced

    2/19/2025

Related Bills

Back to State Legislation