§ 1170.02. — 1170.02. (Amended by Stats. 2023, Ch. 131, Sec. 156.)

California § 1170.02.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 2.: TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT
• Ch. 4.5.: CHAPTER 4.5. Trial Court Sentencing
• Art. 1.: ARTICLE 1. Initial Sentencing

Text

A prisoner is not eligible for resentence or recall pursuant to Section 1172.2 if they were convicted of first-degree murder, if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections and was intentionally killed in retaliation for the performance of their official duties.

Legislative History

Amended by Stats. 2023, Ch. 131, Sec. 156. (AB 1754) Effective January 1, 2024.