2021 Criminal Law Changes

No matter what people might believe, the legal system is never static. And although this year has been a unique phenomenon due to the impacts of the pandemic, the wheels of justice have continued to turn, albeit slower in some cases, due to the courts being closed for a time. However, some changes are coming in the new year. Here is a glimpse into what you might expect in 2021:

Misdemeanor and Felony Offenders

Starting on the first of January, the treatment of felony and misdemeanor offenders will change. In cases of misdemeanors, the focus will shift from a punishment model to one that looks towards rehabilitation. On September 30, Governor Gavin Newsom signed Assembly Bill 3234 which authorizes superior court judges to offer misdemeanor offenders a chance at rehabilitation.

Defendants that comply with all requirements at the end of a diversion period will have their criminal action dismissed and their records erased. This will give attorneys more leverage during plea negotiations.

Additionally, starting on January 1, misdemeanor offenses will have probation set at a maximum of a year (unless the statute provides otherwise), while most felony offenses will get a maximum of two years.

Sex Offenders

Senate Bill 384, which has been signed since October 2017 by then-Governor Jerry Brown, will come into effect on January 1. This law would basically remove as many as 90% of those who must currently register for life under Penal Code Section 290 and establishes a three-tier registration classification that adapts to the severity of the crime.

Right to Vote

Proposition 17 passed on November 3 and it gives those who have been convicted of a felony and are now on parole, the right to vote in elections. This will restore the vote to about half a million parolees who until now have been barred from voting.

Juvenile Offenders

Starting on January 1, juveniles who have had an interaction with the justice system will have their records protected from public view, as per AB 2425. Also, children and teenagers who are considered to be insubordinate, or have behavior problems in school will be treated much more humanely as of that date. Based upon the provisions stipulated in AB 901, instead of being referred to probation programs, they will receive services from community-based programs.

Starting on July 1, SB 823 will come into effect. Its purpose will be to phase out the remaining California juvenile prisons. In their place, an Office of Youth and Community Restoration will be habilitated. Counties will receive grants to offer supervision and custody.

Law Enforcement

Next year, AB 1196 will completely ban chokeholds and carotid holds by police officers. Both of these holds have a long history of being considered life-threatening by slowing the blood flow to the brain. Also, AB 1506 will shift the investigation of shootings involving police officers from the counties to the state. This law, which goes into effect as of July 1 of 2023, calls for the attorney general to investigate all fatal police shootings of civilians who are not bearing arms.

The Law Office of Vikas Bajaj wants you to know that you should not feel overwhelmed by the many changes in criminal law coming up in 2021. If you have any questions that pertain to your case, your criminal defense attorney can give you the answer you seek.