SB 94 Will Not Be Considered for Assembly Floor Vote

Senate Bill 94, authored by State Senator Dave Cortese (D15), would have allowed individuals held in-custody who have been sentenced to Life Without Parole (LWOP) prior to June 5, 1990, and have served a minimum of 25 years, to petition to have their cases reconsidered for resentencing by a Judicial Court, State Parole Board, and the Governor.

SB 94 was not taken up by the California Assembly for a full floor vote and will not move forward during this legislative session. As a co-sponsor of this reasonable and compassionate measure, Felony Murder Elimination Project is disappointed with this outcome. We will continue to advocate for and support bills that have an impact on progressing the values of a fair criminal justice system, despite any setbacks now and in the future and whatever prevailing political winds are encountered.

"It is never wrong to do the right thing." - Mark Twain.

FMEP also wishes to pass along our profound gratitude to Senator Cortese for his courage, integrity, and commitment and to his dedicated staff for their tireless work. Advocates of a fair and right criminal justice system have a champion in Sacramento in Senator Cortese, and we look forward to our continued work together to bring legislation upholding our shared values and goals.

Below is the press release from Senator Cortese's office regarding SB 94.

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“After two years of negotiations and over a dozen deliberated amendments, I am incredibly disappointed that SB 94 was not granted the opportunity to be heard and the amendments considered for vote by the full Legislature. The bill, like those it would’ve helped, did not get its day in court. The California model of rehabilitation often works, but we must do better. We must continue the conversation and revisit racist, inconsistent and harmful sentencing that has disproportionately impacted Californians for over twenty years, and will continue to wreak havoc until fixed,” said Senator Cortese. 

SB 94 would have allowed individuals held in-custody who have been sentenced to Life Without Parole (LWOP) prior to June 5, 1990, and have served a minimum of 25 years, to petition to have their cases reconsidered for resentencing by a Judicial Court, State Parole Board, and the Governor.

Last session the bill in print did not have the votes to pass. The bill was subsequently placed on the ‘inactive file’ to allow for continued conversations and work on opposition concerns throughout the 2024 session. After thorough consideration, amendments were drafted that included language requested by several law enforcement agencies, excluded torture as a ‘special circumstance,’ codified full protection of victims’ rights and allowed only one chance to petition instead of three. This process would’ve become the most conservative and thorough in the country for identifying rehabilitated individuals, a specific subsection of our incarcerated population, who may not have received the same sentence had they been convicted in the present day. 

Individuals who may have been the victim of human trafficking, under the age of 26, or a veteran of the United States Military would have received extreme sentences decades ago which is inconsistent with our current judicial proceedings approved by the Legislature and voters. Though this review process is not entirely new, the Governor has the power to commute and pardon any sentence, for any crime, at any time. SB 94 was a more thorough, extensive process with significantly more oversight.

“Unfortunately, the Assembly chose not to take up the amendments for a vote. The proposed amendments narrowed SB 94 substantially, and demonstrated our constant attention to the voices of concern while keeping intact its original intent – judicial equity. SB 94 would not let a single person out of prison, it is not a risk to public safety nor does it tie judge’s hands in favor of resentencing. We must have faith that our judicial system, parole board and executive branch act to ensure safety and justice.”

“My brother Julio was murdered in 1986. It took me years of soul-searching to confront and forgive the man who killed him. Ultimately, I believe in reconciliation and to those who have demonstrated true transformation to be worthy of reconsidering their sentence. That’s why I support SB 94,” said Trino Jimenez, surviving family member of an SB94 eligible case.

“SB 94 is a sound policy that advances our shared goals of public safety and rehabilitation,” said Anne Irwin, Founder and Executive Director of Smart Justice California. “We thank Senator Cortese for his steadfast commitment to justice – and to ensuring that people who have rehabilitated themselves have a fair chance to prove it.”

“After years of incredibly inspiring advocacy, we are disappointed that Senate Bill 94 will not advance this year. However, we are encouraged by our communities — inside and out — who have worked alongside us to shine a light on this righteous and worthwhile issue. We have already made unprecedented progress that we were told was impossible,” said Director of Programs for Ella Baker Center for Human Rights

“We have gotten to a place we have never gotten before, we were so close in a tough political year. These circumstances give me (as someone inside) hope,’ said Dortell, a currently incarcerated organizer.

Senator Dave Cortese represents Senate District 15, which encompasses San Jose and much of Santa Clara County in the heart of Silicon Valley. Visit Senator Cortese’s website: https://sd15.senate.ca.gov