Past Proposals

The Criminal Law Advisory Committee proposes a new retail crime restraining order to implement Assembly Bill 3209 (Stats. 2024, ch. 169). The order would prohibit defendants convicted of specified offenses from entering the premises of a protected retail establishment for up to two years.

The Criminal Law Advisory Committee proposes adding two new advisements to the felony plea form in light of recent case law and Proposition 36 (“The Homelessness, Drug Addiction, and Theft Reduction Act”) approved by voters in the General Election on November 5, 2024. The committee also recommends clarifying language about the factual basis for the plea.

The Criminal Law Advisory Committee proposes amending rule 4.433 of the California Rules of Court to add a reference to the parole periods described in Penal Code section 3000.01. This reference would appear in subdivision (e), which describes the sentencing judge’s advisement to the defendant about the parole period to be served after expiration of the sentence.

The Criminal Law Advisory Committee proposes revising six criminal forms to incorporate firearm and body armor prohibitions enacted in recent legislation. The committee also proposes further revisions to the plea and relinquishment forms in this proposal (forms CR-101, CR-102, and CR-210) to reflect new procedures on firearm relinquishment, clarify prohibited items and relinquishment requirements, and refer to the possibility of a lifetime prohibition on firearm possession for misdemeanor domestic violence offenses. Finally, the committee proposes additional revisions to the felony plea form (form CR-101) based on other statutory changes, and to the criminal protective orders (forms CR-160 and CR-161) based on stakeholder suggestions.

The Family and Juvenile Law Advisory Committee and Criminal Law Advisory Committee propose revising form MIL-100, effective January 1, 2025. The Family and Juvenile Law Advisory Committee proposes revising form MIL-100 to implement the requirements of Family Code section 211.5, which was added by Senate Bill 1182 (Stats. 2022, ch. 385). The proposed changes would allow the court to comply with section 211.5 when the form is filed in a family law case involving a person who has military, veteran, reserve, or active status. The Criminal Law Advisory Committee proposes additional revisions to form MIL-100 to clarify procedures under Penal Code section 858 when the form is filed in a criminal case, and to reference treatment options for pretrial diversion under Penal Code section 1001.80. The committees also propose updating and reformatting the information on the back of the form for improved readability.

The Criminal Law Advisory Committee proposes a rule of court to implement legislation requiring the Judicial Council to develop qualifications for the appointment of counsel in superior court habeas corpus proceedings under Penal Code section 1473(f).1 Section 1473(f) is part of the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin and allows petitioners to make claims for relief based on violations of this Act.

The Appellate Advisory Committee and the Criminal Law Advisory Committee propose amending rules 4.551, 8.385, and 8.386 of the California Rules of Court and revising Petition for Writ of Habeas Corpus (form HC-001), Motion to Vacate Conviction or Sentence (form CR-187), and Order on Motion to Vacate Conviction or Sentence (form CR-188) to implement the Racial Justice Act, which prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin.

The Criminal Law Advisory Committee recommends revising optional criminal forms used to petition for dismissals and reductions of convictions and request sealing of arrest records. The proposed revisions reflect statutory changes that allow for automatic record relief, expand who is eligible for relief, and clarify the effect of relief granted.

The Probate and Mental Health Advisory Committee and the Criminal Law Advisory Committee propose one rule of court and two forms to implement recent legislation requiring the trial courts to report to the Secretary of State judicial determinations under Elections Code sections 2208–2211 disqualifying a person from voting or restoring a person’s right to register to vote. The legislation expressly required the Judicial Council to adopt rules and forms, including a mandatory form for the courts to use to furnish the required reports.

The Criminal Law Advisory Committee recommends revisions to the optional Judicial Council Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b) (form CR-412/MIL-412). These revisions would clarify that the petitioner may apply for relief if a health condition was discovered after the original sentencing.

The Criminal Law Advisory Committee proposes amending the rule governing qualifications for appointed trial counsel in capital cases to clarify that appointment of qualified counsel applies to all capital cases unless the district attorney affirmatively states on the record that the death penalty will not be sought.

The Criminal Law Advisory Committee recommends revisions to the optional Judicial Council felony plea form to reflect statutory changes regarding the right to a trial on circumstances in justifying the imposition of the upper term of a criminal offense or enhancement, and to improve consistency throughout the form.

Summary: The Criminal Law Advisory Committee recommends revisions to the optional Judicial Council petition for resentencing based on health conditions due to military service to reflect statutory changes to Penal Code section 1170.91(b). This section was amended to delete the requirement that the petitioner was sentenced before January 1, 2015, and to add exclusions for petitioners convicted of specified serious and violent felony offenses and offenses requiring sex offender registration. The committee also recommends technical and formatting revisions to comply with Judicial Council form standards. Deadline: Comments must be submitted by Friday, January 20, 2023 at, 5:00 PM (Pacific Time)

Summary: The Criminal Law Advisory Committee recommends revisions to the optional Judicial Council form used by defendants to state financial eligibility for appointment of counsel and record on appeal at public expense to reflect the repeal of Penal Code section 987.8 by Assembly Bill 1869 (Stats. 2020, ch. 92). The repeal of section 987.8 removed the authority of the court to make a post proceeding determination of the defendant’s ability to pay and to order the defendant to reimburse the county for the costs of the public defender. Deadline: Comments must be submitted by Friday, January 20, 2023 at, 5:00 PM (Pacific Time)

Summary: The Criminal Law Advisory Committee recommends amendments to rule 4.130 of the California Rules of Court to reflect the renumbering of Penal Code section 1001.36, statutory changes to Penal Code section 1369(a) regarding treatment with antipsychotic medication of a defendant found incompetent to stand trial, and minor, non substantive technical revisions. Deadline: Comments must be submitted by Friday, January 20, 2023 at, 5:00 PM (Pacific Time)

Summary: The Criminal Law Advisory Committee recommends two optional forms relating to resentencing, dismissal, and sealing of Penal Code section 653.22 convictions. Senate Bill 357 (Weiner; Stats. 2022, ch. 86), effective January 1, 2023, repeals Penal Code section 653.22 (loitering with the intent to commit prostitution) and adds Penal Code section 653.29, which outlines the process for resentencing, dismissal, and sealing of section 653.22 convictions. Penal Code section 653.29(f) specifically instructs the Judicial Council to “promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section.” The proposal includes a request for relief and a court order granting or denying relief. Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

Summary: The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council plea forms and the optional Judicial Council firearm relinquishment findings form to reflect statutory changes to the definition of firearm in Penal Code section 16520(b). The committee also recommends additional revisions to one of the plea forms to reflect accurate mandatory minimum probation terms and make minor, nonsubstantive technical changes. Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

Summary: The Criminal Law Advisory Committee recommends revisions to two mandatory Judicial Council criminal protective orders to (1) reflect statutory changes to the definition of firearm in Penal Code section 16520(b), with an impact on Penal Code section 136.2 and Code of Civil Procedure section 527.9; (2) reflect statutory changes adding “reproductive coercion” as an example of “coercive control” in Family Code section 6320; (3) be consistent with similar provisions in the civil protective orders; and (4) improve the forms’ useability and accuracy. The committee circulated proposed revisions to the two mandatory criminal protective orders from April to May 2022 and is now proposing further revisions to those forms in light of the recent statutory changes. The committee also recommends revisions to a mandatory Judicial Council order to surrender firearms in domestic violence criminal cases to reflect statutory changes to the definition of firearms as described above and to be consistent with previously circulated proposed revisions to the criminal protective orders. Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council forms relating to vacating a conviction or sentence to implement recent amendments to Penal Code section 1473.7(a)(1) that became effective January 1, 2022, and to reflect case law interpreting that statute. The committee circulated proposed revisions from February to March 2022 and is proposing further revisions in light of the comments received.

The Criminal Law Advisory Committee recommends revisions to two mandatory Judicial Council criminal protective orders to (1) increase readability through design changes and the use of clearer language; (2) reflect changes to Family Code section 6320; (3) be consistent with the fields in the California Restraining and Protective Order System (CARPOS) database; (4) change references to “sex” to “gender,” and include a gender nonbinary option; (5) replace the three year expiration default; (6) include prohibitions on firearm precursor parts; (7) clarify the scope of specified provisions; (8) add a limited contact option to reflect Penal Code section 136.2(a)(1)(G)(i); (9) revise warnings and notices; (10) add a new law enforcement instruction section; (11) add a provision for the court to indicate that it finds that the victim’s family members have been targeted or harmed by the defendant (for postconviction orders issued under Penal Code section 136.2(i)(1)); (12) add a provision for the court to indicate that it finds that a percipient witness has been harassed by the defendant (for postconviction orders issued under Penal Code1 section 136.2(i)(2)); (13) delete the ammunition prohibition on form CR-161; (14) delete the provision on recording of prohibited communications on form CR-161; and (15) delete the federal punishment reference on form CR-161.

The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council forms in response to recent amendments to Penal Code section 1473.7(a)(1) that became effective January 1, 2022. These revisions would allow a moving party to seek relief based on a prejudicial error that interfered with the party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. Additionally, the forms revisions to implement recent case law and clarify the forms would (1) clarify the out-of-custody requirement (see People v. Rodriguez (2021) 68 Cal.App.5th 301); (2) include a request for appointment of counsel (see People v. Fryhaat (2019) 35 Cal.App.5th 969); (3) add provisions around timeliness of the motion; and(4) simplify the language in the motion to aid self-represented petitioners.

The Criminal Law Advisory Committee recommends amendments to California Rules of Court, rule 4.130, to reflect statutory changes to Penal Code section 1370 authorizing the Department of State Hospitals to conduct a reevaluation of a defendant found to be incompetent to stand trial in specified circumstances, and statutory changes to Penal Code section 1370.01 regarding defendants found incompetent to stand trial in misdemeanor criminal proceedings.

The Criminal Law Advisory Committee proposes amendments to specified felony sentencing rules of the California Rules of Court to reflect several major legislative changes were made to sentencing of felony offenses and enhancements, which went into effect January 1, 2022. The recommended amendments will reflect statutory changes (1) requiring aggravated factors to be stipulated to by the defendant or found true beyond a reasonable doubt when imposing the upper term of a felony offense or enhancement; (2) allowing courts to consider as an aggravating factor that a defendant has suffered one or more prior convictions, based on certified official records, but that this exception may not be used to select the upper term of an enhancement; (3) discontinuing commitments of juveniles to the Department of Corrections and Rehabilitation, Division of Juvenile Justice; (4) regarding mitigating circumstances requiring imposition of the lower term; (5) identifying specified mitigating circumstances for consideration in sentencing; (6) allowing an act or omission that is punishable in different ways by different laws to be punished under either of those provisions; and (7) amending dismissal of enhancements due to specified mitigating circumstances. The proposal would also clarify that courts may consider aggravating factors in exercising discretion in imposing the middle term instead of a low term, denying probation, ordering consecutive sentences, or determining whether to exercise discretion pursuant to Penal Code section 1385(c) and make nonsubstantive technical amendments.

The Collaborative Justice Courts Advisory Committee recommends amending rule 10.56 of the California Rules of Court to expand and clarify its areas of focus and duties. This recommendation would allow the advisory committee to better address judicial leadership and court processes impacting collaborative justice courts and similar programs that impact individuals who are moving through the court system and who have mental illnesses, substance use disorders, or co-occurring disorders. These proposed amendments seek to (1) revise the scope of duties to more accurately align with the evolution of collaborative courts, and (2) allow the advisory committee to address diversion and other collaborative programs involving the courts and informed by—or could benefit from—the incorporation of collaborative justice court principles and practices.

The Criminal Law Advisory Committee proposes revisions to Plea Form, With Explanations and Waiver of Rights—Felony (form CR-101) and Domestic Violence Plea Form with Waiver of Rights (Misdemeanor) (form CR-102) to conform to case law that has clarified the requirements for court and counsel immigration consequences advisements.

The Criminal Law Advisory Committee recommends four new optional forms to implement the provisions of Assembly Bill 2147 (Stats 2020, ch. 60), which authorizes conviction relief for a petitioner who successfully participated as an incarcerated individual hand crew member in a fire camp program operated by a county or the California Department of Corrections and Rehabilitation.

The Criminal Law Advisory Committee recommends revising Order for Commitment (form CR-173) and revoking Order for Extended Commitment (form CR-174) to incorporate changes to the statutes governing sexually violent predator proceedings (Welf. & Inst. Code, § 6600 et seq.), replace gender-specific pronouns, and incorporate revisions for procedural efficiency, accuracy, and clarity.

The Criminal Law Advisory Committee proposes a new optional form for proof of service of a petition to terminate sex offender registration and proof of current registration to the required law enforcement agencies and district attorney’s offices. Comments must be submitted by December 23, 2020 5:00 PM (Pacific)

The Criminal Law Advisory Committee proposes three new mandatory forms and an optional information sheet to be used to petition the court for termination of sex offender registration, indicate a district attorney’s response to the petition, and make appropriate court orders. The state Department of Justice requested the Judicial Council’s assistance with forms to implement relevant parts of the Sex Offender Registration Act (Sen. Bill 384; Stats. 2017, ch. 541).

The Criminal Law Advisory Committee recommends amending California Rules of Court, rule 4.530, to state that only the receiving court may certify records from a case and to allow for electronic transmission of a certified copy of the court file. The amendments were suggested by a judicial administrator.

The Criminal Law Advisory Committee recommends four new mandatory forms and an optional information sheet to be used to petition the court for termination of sex offender registration, acknowledge receipt of a petition by the appropriate law enforcement agencies and district attorney’s offices, indicate a district attorney’s response to the petition, and make appropriate court orders. The state Department of Justice requested the Judicial Council’s assistance with forms to implement relevant parts of the Sex Offender Registration Act (Sen. Bill 384; Stats. 2017, ch. 541).

The Criminal Law Advisory Committee recommends revising optional criminal forms used to petition for dismissals and reductions of convictions and request sealing of arrest records to reflect statutory changes allowing for automatic record relief

The Criminal Law Advisory Committee proposes revisions to Plea Form, With Explanations and Waiver of Rights—Felony (form CR-101) to conform to multiple statutory changes that have added or changed relevant sentencing requirements and advisements.

The Criminal Law Advisory Committee recommends amending California Rules of Court, rule 4.452, to (1) clarify that certain provisions apply only to sentences under Penal Code section 1170(h), (2) add procedures for when a subsequent court sentences a defendant to state prison when the prior sentence was under section 1170(h), and (3) clarify that subsequent courts may not increase the custody or mandatory supervision portion of the sentence imposed by the previous court. The amendments were suggested by a prosecutor and a committee member.

The Criminal Law Advisory Committee recommends revising the criminal forms implementing ignition interlock device requirements to conform to statutory changes, increase clarity and usability, and make nonsubstantive technical changes.

The Criminal Law Advisory Committee recommends adopting a new rule of court establishing procedures for resentencing recommendations under Penal Code section 1170(d)(1) (see Link A).

The Criminal Law Advisory Committee recommends a new optional form, Petition for Resentencing Based on Health Conditions From Military Service Listed in Penal Code Section 1170.91(b) (form CR-412/MIL-412), for petitions for resentencing under Assembly Bill 865 (Stats. 2018, ch. 523). The legislation allows veterans to benefit retroactively from the passage of Penal Code section 1170.91, which permits a judge to consider enumerated conditions (sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems) that have resulted from military service as a mitigating factor at sentencing.

The Criminal Law Advisory Committee proposes adding standard 4.15 to the California Standards of Judicial Administration to provide guidance to judges and court administrators on procedures to implement vacatur relief under Penal Code section 236.14. Section 236.14 provides, in relevant part, for a petition process to vacate an arrest or conviction for a nonviolent offense while the petitioner was a victim of human trafficking, and for the sealing and destruction of the petitioner’s arrest records.

The Criminal Law Advisory Committee recommends amending the language in the immigration consequences sections of the two Judicial Council plea forms, Plea Form, With Explanations and Waiver of Rights—Felony (form CR-101) and Domestic Violence Plea Form With Waiver of Rights (form CR-102), to conform to the plain language of Penal Code section 1016.5.1 The Immigrant Legal Resource Center (ILRC)2 suggested this change based on concerns that the current language in these forms contains inaccuracies.

The Criminal Law Advisory Committee recommends removing a portion of the Interpreter’s Statement on three Judicial Council criminal forms to ensure that the statement accurately describes the role and responsibilities of interpreters. The committee also recommends adding the proposed Interpreter’s Statement to the form used by mentally disordered defendants to indicate whether the defendant is challenging the Penal Code section 1606 report recommending confinement or continued outpatient treatment, or is waiving that right.

The Criminal Law Advisory Committee recommends amending rule 4.130 of the California Rules of Court relating to mental competency proceedings in criminal cases to incorporate changes due to Assembly Bill 1810 (Stats. 2018, ch. 34), a bill that significantly altered the statutory landscape for mental competency proceedings.

The Criminal Law Advisory Committee proposes a new optional form, Proof of Service (Criminal Record Clearing) (form CR-106) and an accompanying information sheet, Information on How to File a Proof of Service in Criminal Record Clearing Requests (form CR-106-INFO), for petitioners to use with requests for a court to review a criminal record for dismissal, vacatur, resentencing, reduction, sealing, or other record clearing remedies.

Notice: Referendum 1856 (18-0009), Referendum to Overturn a 2018 Law That Replaced Money Bail System with a System Based on Public Safety Risk, qualified for the November 2020 ballot, after being certified by the Secretary of State on January 16, 2019. Qualification of the referendum has the effect of staying SB 10. At this time, the Judicial Council of California has suspended implementation of the legislation, including adoption of California Rules of Court. If you have specific questions, please contact the council’s Criminal Justice Services office: crimjusticeoffice@jud.ca.gov Criminal Procedure: Proper Use of Pretrial Risk Assessment Information; Review and Release Standards for Pretrial Assessment Services for Persons Assessed as Medium Risk Item Number: SP18-23 Summary: The Criminal Law Advisory Committee proposes adoption of two new California Rules of Court: rule 4.10, which sets forth the proper use of pretrial risk assessment information, and rule 4.40, which addresses review and release standards for Pretrial Assessment Services for persons assessed as medium risk. These proposed rules are intended to fulfill the Judicial Council’s obligation under Penal Code section 1320.24(a) to adopt rules and forms, as needed, to implement specific elements of Senate Bill 10. Deadline to submit comments: Review and submit comments by December 14, 2018

The Proposition 66 Rules Working Group is proposing amendments to an existing rule relating to appeals from decisions in habeas corpus proceedings and the adoption of several new rules and a form specifically addressing appeals from superior court decisions on death penalty–related habeas corpus petitions. These proposed rules and the form are intended to partially fulfill the Judicial Council’s rule-making obligations under Proposition 66 by establishing procedures for this new type of appeal.

The Proposition 66 Rules Working Group is proposing the adoption of six new rules of court relating to superior court procedures for death penalty–related habeas corpus proceedings. These proposed rules are intended to partially fulfill the Judicial Council’s rule-making obligations under Proposition 66 by establishing procedures for the superior courts’ new responsibility for this type of proceeding.

Senate Bill 670 (Jackson; Stats. 2017, ch. 287) amended Penal Code section 1170(h),1 effective January 1, 2018, to require courts to determine the county or counties of incarceration and supervision for defendants when imposing judgments concurrent or consecutive to another judgment or judgments previously imposed under section 1170(h) in another county or counties. SB 670 also amended section 1170.3, to require the Judicial Council to adopt rules of court providing criteria for trial judges to consider at the time of sentencing when determining the county or counties of incarceration and supervision. This proposal would implement section 1170.3 by amending California Rules of Court, rule 4.452, to guide the second or subsequent court when determining the county or counties of supervision. The Criminal Law Advisory Committee proposes amendments to rule 4.452 to make it consistent with statutory changes and to incorporate further substantive changes suggested by commenters when this proposal circulated previously.

The Proposition 66 Rules Working Group is proposing the adoption of two new rules and two new forms relating to the superior court appointment of counsel in death penalty–related habeas corpus proceedings. These proposed rules and forms are intended to partially fulfill the Judicial Council’s rule-making obligations under Proposition 66 by providing procedures for superior courts to determine if an attorney meets the minimum qualifications for counsel in death penalty–related habeas corpus proceedings and to appoint such counsel for indigent persons subject to a judgment of death.

The Proposition 66 Rules Working Group is proposing amendments to the rule relating to the qualifications of counsel in death penalty appeals and habeas corpus proceedings, including moving to a new rule the provisions regarding the qualifications of counsel in death penalty– related habeas corpus proceedings. These proposed rule changes are intended to fulfill the Judicial Council’s obligation under Proposition 66 to reevaluate the competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings

The Proposition 66 Rules Working Group is proposing the adoption of several new rules and amendments to several existing rules relating to preparation of the record on appeal in death penalty cases. The working group is also proposing the adoption of two new mandatory forms and the approval of four new optional forms designed to assist in the record preparation process. These proposed rules and forms are intended to partially fulfill the Judicial Council’s rulemaking obligations under Proposition 66 by making the record preparation process in death penalty cases more efficient.

The Criminal Law Advisory Committee proposes amending the California rule of court relating to mental competency proceedings in criminal cases. This proposal would amend the rule to make court-appointed experts’ reports on a criminal defendant’s competency to stand trial presumptively confidential, while also including procedures for interested parties to request access to the experts’ reports. The proposal was suggested by a judge of the Superior Court of Los Angeles County.

The Criminal Law Advisory Committee proposes the adoption of a California rule of court relating to determinations of probable cause under Penal Code section 1368.1(a)(2). Senate Bill 684 (Bates; Stats. 2017, ch. 246), effective January 1, 2018, amended Penal Code section 1368.1(a)(2) to allow a prosecuting attorney to request a probable cause determination for a defendant who is incompetent to stand trial, if the complaint charges specified offenses and the probable cause determination is sought “solely for the purpose of establishing the defendant is gravely disabled” under Welfare and Institutions Code section 5008(h)(1)(B), commonly referred to as a Murphy conservatorship.

Senate Bill 239 (Weiner; Stats. 2017, ch. 537), effective January 1, 2018, invalidates convictions for violations of Penal Code section 647f (felony prostitution) and adds section 1170.22 to the Penal Code, which outlines a petition and application process for the dismissal of section 647f convictions. The Criminal Law Advisory Committee proposes two optional forms to be used for petitioners/applicants to request the court for relief under Penal Code section 1170.22. Penal Code section 1170.22(i) specifically instructs the Judicial Council to “promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section.”

Senate Bill 670 (Jackson; Stats. 2017, ch. 287) amended Penal Code section 1170(h),1 effective January 1, 2018, requiring courts to determine the county or counties of incarceration and supervision for defendants when imposing judgments concurrent or consecutive to another judgment or judgments previously imposed under section 1170(h) in another county or counties. SB 670 also amended section 1170.3, requiring the Judicial Council to adopt rules of court providing criteria for the consideration of trial judges at the time of sentencing when determining the county or counties of incarceration and supervision. This proposal would implement section 1170.3 by amending California Rules of Court, rule 4.452 to guide the second or subsequent court when determining the county or counties of supervision.

Senate Bill 393 (Lara; Stats. 2017, ch. 680), effective January 1, 2018, added section 851.91 to the Penal Code, which outlines how an individual who suffered an arrest that did not lead to a conviction can file a petition to have the arrest and related records sealed. The Criminal Law Advisory Committee proposes the development of a petition to seal arrests as directed by Penal Code section 851.91(b)(3), which requires the Judicial Council to furnish forms.

The Criminal Law Advisory Committee proposes revisions to the Judicial Council form used by non-capital petitioners to petition for a writ of habeas corpus. This proposal would update the instructions regarding filing in the Supreme Court and Court of Appeal to reflect amendments to the appellate rules; replace or add authority that is more recent or more on point for the propositions they support; add language relevant to successive petitions and repetitive claims in item 12 to include the court in which the petition is filed; and add citations as authority for the procedural bars of successiveness and repetitiveness. These changes are in response to a request from members of the California Supreme Court’s Central Criminal Staff.

The Criminal Law Advisory Committee proposes revisions to two Judicial Council forms in response to recent legislation that authorizes dismissal relief for defendants sentenced to state prison for a felony that, if committed after the 2011 Realignment legislation, would have been eligible for sentencing to a county jail under Penal Code section 1170(h)(5). The proposed revisions would incorporate the new statutory basis for relief on both forms.

The Criminal Law Advisory Committee proposes two new optional forms, Petition to Vacate Arrest or Conviction (Human Trafficking Victim) (form CR-407) and Order to Vacate Arrest or Conviction (Human Trafficking Victim) (form CR-408) in response to recent legislation1 that establishes a petition process under Penal Code section 236.14 to vacate a conviction or adjudication for a person who has been arrested for, convicted of, or adjudicated a ward of the juvenile court for committing a nonviolent offense while he or she was a victim of human trafficking, and for the sealing and destruction of the petitioner’s arrest and court records.

The Criminal Law Advisory Committee proposes revisions to the Judicial Council Plea Form with Explanations and Waiver of Rights—Felony (form CR-101) in response to recent case law that provided guidance regarding trial courts’ determinations whether jury trial waivers were knowing, intelligent, and voluntary and the information that must be conveyed to defendants to make these determinations. In conjunction with other proposed revisions to form CR-101 that had circulated for public comment, the proposed revisions regarding jury trial waiver were approved by the Judicial Council effective January 1, 2018, without a prior period of public comment but with Judicial Council direction that the committee circulate the proposed jury trial waiver revisions for public comment in the winter 2018 cycle.