Superior Court of California

96e485910ebeb3b778791ff90dd765e1d566db61

California Superior Local Rules

Section 11361.9 AB was signed by Governor Brown on September 30, 2018 and added

section 11361.9 to the Health and Safety Code. Per HS 11361.9(

a) the Department of Justice (DOJ) was required to review the records in the state

summary criminal history information database before July 1, 2019 to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Proposition 64 (Prop 64), enacted by the voters at the November 8, 2016 statewide general election, and to notify the prosecution. Health and Safety Code

section 11361.9(

b) requires the prosecution to review all convictions identified by the DOJ as eligible for Prop relief on or before July 1, 2020 and determine whether to challenge the resentencing, dismissal and sealing or redesignation. The prosecution is further required, by

section 11361.9(c)(3) to notify the court when they are not challenging a particular resentencing, dismissal and sealing, or redesignation. THEREFORE, effective immediately, the procedure for handling all Prop eligible convictions that are not challenged by the prosecution shall be as follows: 1. The prosecution shall file with the court a pleading titled “ Request for Prop Relief — Unchallenged Convictions per HS 11361.9 ” wherein they will separately list each unchallenged case under the specific heading of relief for which the conviction is eligible as follows: a. Convictions that qualify for Resentencing b.

Convictions that qualify for Redesignation G Convictions that qualify for Dismissal of Sentence and Sealing 2. For each unchallenged conviction listed in the “ Request for Prop Relief — Unchallenged Convictions per HS 11361.9 ” the prosecution shall include the following information as available: court case number defendant's name defendant's date of birth convicted count(s); and original disposition date e209 Superior Court of California County of range Page 2 3.

The prosecution shall file the “ Request for Prop Relief - Unchallenged Conviction per HS 11361.9 ” in the Clerk's Office at the Central Justice Center and shall provide a copy of the filed request to the Orange County Public Defender ’ s Office. 4. The court shall resentence, redesignate or dismiss and seal (as applicable) each conviction listed on the “ Request for Prop Relief — Unchallenged Convictions per HS 11361.9 ” filed by the prosecution and shall notify the Department of Justice pursuant to Health and Safety Code

section 11361.9(e). IT IS SO ORDERED this 10th day of December, 2019. y re Ce a Kirk H. Nakamura Presiding Judge Orange County Superior Court

Document details

Collection	California Superior Local Rules
Citation	96e485910ebeb3b778791ff90dd765e1d566db61
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	96e485910ebeb3b778791ff90dd765e1d566db61

Source file is stored in the law ingest library (pdf).