Sentencing Reform Measure Passes California Senate

SB 300, The Sentencing Reform Act of 2021, authored by Senator Dave Cortese (D-San Jose) has passed the California State Senate and will now head to the State Assembly.

“I’d like to thank my colleagues for passing SB 300 to end perpetual punishment in California,” said Senator Cortese. “These reforms are crucial to addressing longstanding civil rights concerns and benefit the safety of our communities by freeing up funds that can be invested in addressing community needs, including mental health, job training, and education.”

Current California law mandates a sentence of death or life without the possibility of parole (LWOP) for anyone convicted of “murder with special circumstances,” even if the person did not kill anyone, nor intend for anyone to die. Under current law, if a person dies during the course of certain felonies, even if the death is accidental, those who were involved in the felony are subject to these severe punishments regardless of their role in the person’s death or their intent.

“My husband Manny, who at the time of his crime was 18, is serving LWOP. He was not the perpetrator, nor did he inflict harm, yet he was present during the commission of a crime. It is that easy to be sentenced to death by incarceration in California,” said Christina Mendoza of Families United to End LWOP.

“My son Tony did not harm, or intend to harm, anyone. He did not have the ability to foresee or control a decision made by another. Current law ensures that he pays for someone else’s decision with his life,” said Joanne Scheer of the Felony Murder Elimination Project.

SB 300 will end unjust practices in California’s current sentencing scheme.

SB 300 will allow for a sentence other than the death penalty or life in prison without the possibility for parole for a person who did not kill anyone or intend for anyone to die.