Does a new law apply prospectively or retroactively?

California, United States of America


The following excerpt is from People v. Buycks, 236 Cal.Rptr.3d 84, 422 P.3d 531, 5 Cal.5th 857 (Cal. 2018):

Concerning whether a new law applies both prospectively and retroactively, the rules are well established. No part of the Penal Code "is retroactive, unless expressly so declared." ( 3.) "[T]he language of section 3 erects a strong presumption of prospective operation, codifying the principle that, in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the [lawmakers] ... must have intended a retroactive application. [Citations.] Accordingly, "a statute that is ambiguous with respect to retroactive application is construed ... to be unambiguously prospective." " ( People v. Brown (2012) 54 Cal.4th 314, 324, 142 Cal.Rptr.3d 824, 278 P.3d 1182.)

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