California bill prohibiting resentencing for murder of police officer moves to Assembly

SACRAMENTO, Calif. (CN) — California law allows a judge to resentence someone convicted of some crimes under certain circumstances, reducing their prison time. Assembly Bill 1809 — introduced by Assemblymember Freddie Rodriguez, a Pomona Democrat — would remove first-degree murder of a peace officer from the list.

Rodriguez appeared Tuesday in the Assembly Public Safety Committee to advocate for his bill, which passed unanimously and now heads to the Assembly floor.

“Murdering a peace officer is no ordinary crime,” Rodriguez said, adding that seven officers died last year while serving, four of them from a suspect’s gunfire.

Cindy De Silva of the California District Attorneys Association said law enforcement officers have been leaving their jobs because they feel little support from elected officials and the law. This bill would provide a “sliver” of support.

It would also give victims’ families some assurance that the sentence an offender receives at the end of their case wouldn’t change. “This is just offering some peace and quiet for those families,” De Silva said.

The law already carves out prohibitions for people convicted of murdering a peace officer. They aren’t eligible for compassionate release, which is possible for terminally ill inmates who have under six months to live. They also can’t receive medical parole, available to incapacitated people or those in a vegetative state who require constant care.

Passing his bill would close a loophole, Rodriguez said.

A handful of people opposed the bill, including Rachel Stober with the Freedom Project, the San Francisco Public Defender’s Office’s resentencing unit.

Stober noted that resentencing doesn’t occur until someone has spent decades in prison, and said restricting who can receive resentencing is contrary to its purpose. Only a judge or prosecutor can start the process, and a victim or next of kin must have a chance to be heard before it begins.

“Resentencing doesn’t necessarily mean release,” Stober said.

Assemblymember Tom Lackey, a Palmdale Republican who serves on the Public Safety Committee, said reconsideration of someone’s sentence is acceptable in many cases, but not for murdering a peace officer. He asked committee members to think about the victims when considering the bill.

“It was a willful act that stole them,” Lackey said of the loss of a victim.

Assemblymember Juan Alanis, a Modesto Republican and committee member, noted that those convicted of murdering a police officer once faced a possible death sentence. That’s no longer the case in California.

Alanis, a former law enforcement officer whose son is also an officer, said it’s extremely difficult to recruit young officers.

“Taking the life of an officer is a very heinous crime,” Alanis said.

Assemblymember Rick Chavez Zbur, a West Hollywood Democrat and committee member, questioned the proposed ineligibility even in cases when justice demands it. Assemblymember Rodriguez noted that the law would affect a small percentage of the inmate population; he knew of one person currently incarcerated who’d be affected.

Additionally, the bill states that someone would be eligible for resentencing if evidence existed of a constitutional violation or evidence pointed to issues with the integrity of a conviction or sentence.

“That option is still available out there,” Rodriguez said.

De Silva added that a governor’s pardon also remains possible.

"This bill will close the loophole to align with other state laws, which already recognize that murdering a peace officer is no ordinary crime and that this group of offenders should not benefit from certain forms of relief," Rodriguez said in a statement. "My colleagues’ aye votes are recognition that law enforcement officers have one of the most dangerous, demanding, and difficult jobs in the nation and they risk their safety to serve and protect the public every day."

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