Is a newly enacted section of the Penal Code retroactive?

California, United States of America


The following excerpt is from People v. Morgan, B287197 (Cal. App. 2019):

Pursuant to section 3, newly enacted sections of the Penal Code are presumed to operate prospectively. "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. Buycks (2018) 5 Cal.5th 857, 880.)

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