SB 399 - An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing.

Sentencing. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings or both may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence.

This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for… More
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings or both may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence.

This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the defendant’s statement is true, as specified. The bill would apply retroactively, as specified.

This bill would incorporate amendments to Section 1170 of the Penal Code proposed by AB 2263, contingent on the prior enactment of that bill. Hide
 
Status:
The bill was voted on by the Assembly on August 30, 2010. 

An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing.

SB 399 — 2009-2010 Legislature

Summary
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings or both may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence.

This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the defendant’s statement is true, as specified. The bill would apply retroactively, as specified.

This bill would incorporate amendments to Section 1170 of the Penal Code proposed by AB 2263, contingent on the prior enactment… More
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings or both may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence.

This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the defendant’s statement is true, as specified. The bill would apply retroactively, as specified.

This bill would incorporate amendments to Section 1170 of the Penal Code proposed by AB 2263, contingent on the prior enactment of that bill. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing.
Author(s)
Leland Yee
Co-Authors
Subjects
  • Sentencing
Major Actions
Introduced2/26/2009
Referred to Committee
Passed Senate Committee on Public Safety4/14/2009
Passed Senate Committee on Appropriations5/18/2009
Passed Senate Committee on Appropriations5/28/2009
Passed Senate6/02/2009
Failed passage in Assembly Committee on Public Safety6/30/2009
Passed Assembly Committee on Public Safety6/30/2009
Passed Assembly Committee on Public Safety1/12/2010
Passed Assembly Committee on Appropriations6/30/2010
Passed Assembly8/16/2010
Passed Assembly8/20/2010
Failed passage in Assembly8/24/2010
Passed Assembly8/30/2010
Failed passage in Assembly8/30/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Public SafetyDo pass, but re-refer to the Committee on Appropriations.4/14/2009This motion PASSED the Senate Committee on Public Safety
5 voted YES 2 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.5/18/2009This motion PASSED the Senate Committee on Appropriations
13 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass as amended.5/28/2009This motion PASSED the Senate Committee on Appropriations
7 voted YES 5 voted NO 1 voted present/not voting
select this voteSenateSenate 3rd Reading SB399 Yee6/02/2009This bill PASSED the Senate
23 voted YES 15 voted NO 1 voted present/not voting
select this voteAssembly Committee on Public SafetyDo pass and be re-referred to the Committee on Appropriations.6/30/2009This motion DID NOT PASS the Assembly Committee on Public Safety
3 voted YES 4 voted NO 0 voted present/not voting
select this voteAssembly Committee on Public SafetySet second hearing. Failed passage. Reconsideration granted.6/30/2009This motion PASSED the Assembly Committee on Public Safety
7 voted YES 0 voted NO 0 voted present/not voting
select this voteAssembly Committee on Public SafetyDo pass and be re-referred to the Committee on Appropriations.1/12/2010This motion PASSED the Assembly Committee on Public Safety
4 voted YES 2 voted NO 1 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.6/30/2010This motion PASSED the Assembly Committee on Appropriations
9 voted YES 6 voted NO 2 voted present/not voting
select this voteAssemblySB 399 Yee Senate Third Reading By FUENTES Amend By FUENTES Set #18/16/2010This bill PASSED the Assembly
34 voted YES 30 voted NO 15 voted present/not voting
select this voteAssemblySB 399 Yee Senate Third Reading By FUENTES Amend By FUENTES Set #18/20/2010This bill PASSED the Assembly
48 voted YES 27 voted NO 4 voted present/not voting
select this voteAssemblySB 399 Yee Senate Third Reading By FUENTES8/24/2010This bill DID NOT PASS the Assembly
34 voted YES 38 voted NO 6 voted present/not voting
select this voteAssemblySB 399 Yee Motion to Reconsider By FUENTES8/30/2010This bill PASSED the Assembly
44 voted YES 28 voted NO 6 voted present/not voting
currently selectedAssemblySB 399 Yee Senate Third Reading By FUENTES8/30/2010This bill DID NOT PASS the Assembly
33 voted YES 38 voted NO 7 voted present/not voting
ActionDateDescription
Introduced2/26/2009
2/26/2009Introduced. Read first time. To Com. on RLS. for assignment. To print.
2/27/2009From print. May be acted upon on or after March 28.
3/12/2009To Com. on PUB. S.
3/17/2009Set for hearing April 14.
select this voteVote4/14/2009Do pass, but re-refer to the Committee on Appropriations.
4/15/2009From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 2. Page 480.) Re-referred to Com. on APPR.
4/17/2009Set for hearing April 27.
4/23/2009Set, first hearing. Hearing canceled at the request of author.
4/24/2009Set for hearing May 4.
4/28/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
4/29/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
4/30/2009Set, second hearing. Hearing canceled at the request of author.
5/01/2009Set for hearing May 11.
5/05/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
5/11/2009Hearing postponed by committee. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
5/12/2009Set for hearing May 18.
select this voteVote5/18/2009Placed on Appropriations Suspense file.
5/18/2009Placed on APPR suspense file.
5/22/2009Set for hearing May 28. (Suspense - for vote only.)
select this voteVote5/28/2009Do pass as amended.
5/28/2009From committee: Do pass as amended. (Ayes 7. Noes 5. Page 1070.) Read second time. Amended. To third reading.
6/02/2009Read third time. Passed. (Ayes 23. Noes 15. Page 1146.) To Assembly.
6/02/2009In Assembly. Read first time. Held at Desk.
select this voteSenate Vote on Passage6/02/2009Senate 3rd Reading SB399 Yee
6/15/2009To Com. on PUB. S.
6/25/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
select this voteVote6/30/2009Do pass and be re-referred to the Committee on Appropriations.
select this voteVote6/30/2009Set second hearing. Failed passage. Reconsideration granted.
6/30/2009Set, second hearing. Failed passage in committee. Reconsideration granted.
select this voteVote1/12/2010Do pass and be re-referred to the Committee on Appropriations.
1/13/2010From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 4. Noes 2.) Re-referred to Com. on APPR. (Heard in committee on January 12.)
6/22/2010From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
select this voteVote6/30/2010Do pass.
6/30/2010From committee: Do pass. (Ayes 9. Noes 6.) (Heard in committee on June 30).
7/01/2010Read second time. To third reading.
8/16/2010Read third time. Amended. (Ayes 34. Noes 30. Page 6236.) To third reading.
select this voteAssembly Vote on Passage8/16/2010SB 399 Yee Senate Third Reading By FUENTES Amend By FUENTES Set #1
8/17/2010Assembly Rule 69 (d) suspended. (Ayes 45. Noes 28. Page 6303.)
8/20/2010Read third time. Amended. (Ayes 48. Noes 27. Page 6433.) To third reading.
select this voteAssembly Vote on Passage8/20/2010SB 399 Yee Senate Third Reading By FUENTES Amend By FUENTES Set #1
8/23/2010Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)
8/24/2010Read third time. Refused passage. (Ayes 34. Noes 38. Page 6609.) Motion to reconsider made by Assembly Member Fuentes.
select this voteAssembly Vote on Passage8/24/2010SB 399 Yee Senate Third Reading By FUENTES
8/25/2010Motion to reconsider continued to August 30.
8/30/2010Reconsideration granted. (Ayes 44. Noes. 28. Page 6840.) Read third time. Refused passage. (Ayes 33. Noes 38. Page 6879.)
8/30/2010From Assembly without further action.
select this voteAssembly Vote on Passage8/30/2010SB 399 Yee Motion to Reconsider By FUENTES
currently selectedAssembly Vote on Passage8/30/2010SB 399 Yee Senate Third Reading By FUENTES

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An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing.: SB 399 Yee Senate Third Reading By FUENTES

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

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NamePartyDistrict$ From Interest Groups
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Anthony AdamsRCA-59$0$0No
Tom AmmianoDCA-13$0$0Yes
Joel AndersonRCA-77$0$0No
Juan ArambulaICA-31$0$0No
Karen BassDCA-47$0$0Yes
Jim BeallDCA-24$0$0Yes
Bill BerryhillRCA-26$0$0No
Tom BerryhillRCA-25$0$0No
Marty BlockDCA-78$0$0No
Bob BlumenfieldDCA-40$0$0Yes
Steven BradfordDCA-51$0$0Yes
Julia BrownleyDCA-41$0$0Yes
Joan BuchananDCA-15$0$0No
Anna CaballeroDCA-28$0$0No
Charles CalderonDCA-58$0$0Not Voting
Wilmer Amina CarterDCA-62$0$0Not Voting
Wesley ChesbroDCA-1$0$0Not Voting
Connie ConwayRCA-34$0$0No
Paul CookRCA-65$0$0No
Joe CotoDCA-23$0$0Yes
Mike DavisDCA-48$0$0Yes
Hector De La TorreDCA-50$0$0Yes
Kevin De LeonDCA-45$0$0Yes
Chuck DeVoreRCA-70$0$0No
Mike EngDCA-49$0$0Yes
Noreen EvansDCA-7$0$0Yes
Mike FeuerDCA-42$0$0Yes
Nathan FletcherRCA-75$0$0No
Paul FongDCA-22$0$0Yes
Felipe FuentesDCA-39$0$0Yes
Jean FullerRCA-32$0$0No
Warren FurutaniDCA-55$0$0Yes
Ted GainesRCA-4$0$0No
Cathleen GalgianiDCA-17$0$0Not Voting
Martin GarrickRCA-74$0$0No
Mike GattoDCA-43$0$0Yes
Danny GilmoreRCA-30$0$0No
Curt HagmanRCA-60$0$0No
Isadore HallDCA-52$0$0Yes
Diane HarkeyRCA-73$0$0No
Mary HayashiDCA-18$0$0Yes
Ed HernandezDCA-57$0$0Yes
Jerry HillDCA-19$0$0Yes
Alyson HuberDCA-10$0$0No
Jared HuffmanDCA-6$0$0Yes
Kevin JeffriesRCA-66$0$0No
Dave JonesDCA-9$0$0Yes
Steve KnightRCA-36$0$0No
Ted LieuDCA-53$0$0No
Dan LogueRCA-3$0$0No
Bonnie LowenthalDCA-54$0$0Yes
Fiona MaDCA-12$0$0No
Tony MendozaDCA-56$0$0Not Voting
Jeff MillerRCA-71$0$0No
Bill MonningDCA-27$0$0Yes
Pedro NavaDCA-35$0$0No
Brian NestandeRCA-64$0$0No
Roger NielloRCA-5$0$0No
Jim NielsenRCA-2$0$0No
Chris NorbyRCA-72$0$0No
John PerezDCA-46$0$0Yes
Manuel PerezDCA-80$0$0Not Voting
Anthony PortantinoDCA-44$0$0No
Ira RuskinDCA-21$0$0Yes
Mary SalasDCA-79$0$0Not Voting
Lori SaldanaDCA-76$0$0Yes
Jim SilvaRCA-67$0$0No
Nancy SkinnerDCA-14$0$0Yes
Cameron SmythRCA-38$0$0No
Jose SolorioDCA-69$0$0No
Audra StricklandRCA-37$0$0No
Sandre SwansonDCA-16$0$0Yes
Tom TorlaksonDCA-11$0$0Yes
Norma TorresDCA-61$0$0No
Alberto TorricoDCA-20$0$0Yes
Van TranRCA-68$0$0No
Mike VillinesRCA-29$0$0No
Mariko YamadaDCA-8$0$0Yes

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