SB 9 - An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing.

Sentencing. 2011-2012 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 prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation. 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 statements in the defendant’s petition are true, as specified. The bill would apply retroactively, as specified. Hide
 
Status:
The bill has become law (chaptered). 

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

SB 9 — 2011-2012 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 prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation. 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… 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 prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation. 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 statements in the defendant’s petition are true, as specified. The bill would apply retroactively, as specified. 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
Introduced12/06/2010
Referred to Committee
Passed Senate Committee on Public Safety4/05/2011
Passed Senate Committee on Appropriations5/23/2011
Passed Senate Committee on Appropriations5/26/2011
Passed Senate6/01/2011
Passed Assembly Committee on Public Safety7/05/2011
Passed Assembly Committee on Appropriations8/17/2011
Failed passage in Assembly8/25/2011
Passed Assembly9/02/2011
Passed Assembly9/02/2011
Passed Assembly Committee on Public Safety9/07/2011
Passed Assembly8/16/2012
Passed Senate8/20/2012
Presented to the governor (enrolled)8/22/2012
Became law (chaptered).9/30/2012
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Public SafetyDo pass, but re-refer to the Committee on Appropriations.4/05/2011This 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.5/23/2011This motion PASSED the Senate Committee on Appropriations
9 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.5/26/2011This motion PASSED the Senate Committee on Appropriations
6 voted YES 2 voted NO 1 voted present/not voting
select this voteSenateSenate 3rd Reading SB9 Yee6/01/2011This bill PASSED the Senate
21 voted YES 16 voted NO 3 voted present/not voting
select this voteAssembly Committee on Public SafetyDo pass and be re-referred to the Committee on Appropriations.7/05/2011This motion PASSED the Assembly Committee on Public Safety
5 voted YES 2 voted NO 0 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.8/17/2011This motion PASSED the Assembly Committee on Appropriations
9 voted YES 6 voted NO 2 voted present/not voting
select this voteAssemblySB 9 Yee Senate Third Reading By CEDILLO8/25/2011This bill DID NOT PASS the Assembly
36 voted YES 36 voted NO 8 voted present/not voting
select this voteAssemblySB 9 Yee Motion to Reconsider By CEDILLO9/02/2011This bill PASSED the Assembly
44 voted YES 28 voted NO 8 voted present/not voting
select this voteAssemblySB 9 Yee Senate Third Reading By CEDILLO Amend By CEDILLO Set #19/02/2011This bill PASSED the Assembly
37 voted YES 30 voted NO 13 voted present/not voting
currently selectedAssembly Committee on Public SafetyDo pass.9/07/2011This motion PASSED the Assembly Committee on Public Safety
4 voted YES 0 voted NO 3 voted present/not voting
select this voteAssemblySB 9 Yee Senate Third Reading By CEDILLO8/16/2012This bill PASSED the Assembly
41 voted YES 34 voted NO 5 voted present/not voting
select this voteSenateUnfinished Business SB9 Yee Concurrence8/20/2012This bill PASSED the Senate
21 voted YES 17 voted NO 2 voted present/not voting
ActionDateDescription
Introduced12/06/2010
12/06/2010Introduced. Read first time. To Com. on RLS. for assignment. To print.
12/07/2010From printer. May be acted upon on or after January 6.
1/20/2011Referred to Com. on PUB. S.
3/25/2011Set for hearing April 5.
4/05/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 543.) (April 5). Re-referred to Com. on APPR.
select this voteVote4/05/2011Do pass, but re-refer to the Committee on Appropriations.
4/13/2011Set for hearing May 2.
5/02/2011Set, first hearing. Hearing canceled at the request of author.
5/13/2011Set for hearing May 23.
select this voteVote5/23/2011Placed on Appropriations Suspense file.
5/23/2011Placed on APPR. suspense file.
5/25/2011Set for hearing May 26.
select this voteVote5/26/2011Do pass.
5/26/2011From committee: Do pass. (Ayes 6. Noes 2. Page 1111.) (May 26).
5/27/2011Read second time and amended. Ordered to second reading.
5/31/2011Read second time. Ordered to third reading.
6/01/2011Read third time. Passed. (Ayes 21. Noes 16. Page 1229.) Ordered to the Assembly.
select this voteSenate Vote on Passage6/01/2011Senate 3rd Reading SB9 Yee
6/02/2011In Assembly. Read first time. Held at Desk.
6/16/2011Referred to Com. on PUB. S.
select this voteVote7/05/2011Do pass and be re-referred to the Committee on Appropriations.
7/06/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.
8/15/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
select this voteVote8/17/2011Do pass.
8/18/2011From committee: Do pass. (Ayes 9. Noes 6.) (August 17).
8/22/2011Read second time. Ordered to third reading.
8/25/2011Read third time. Refused passage. (Ayes 36. Noes 36. Page 2600.) Motion to reconsider made by Assembly Member Cedillo.
select this voteAssembly Vote on Passage8/25/2011SB 9 Yee Senate Third Reading By CEDILLO
8/29/2011Motion to reconsider continued to September 2.
9/02/2011Reconsideration granted. (Ayes 44. Noes 28. Page 2864.) Read third time and amended. (Ayes 37. Noes 30. Page 2865.) Ordered to third reading.
select this voteAssembly Vote on Passage9/02/2011SB 9 Yee Motion to Reconsider By CEDILLO
select this voteAssembly Vote on Passage9/02/2011SB 9 Yee Senate Third Reading By CEDILLO Amend By CEDILLO Set #1
9/06/2011Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. Joint Rule 62(a) file notice suspended. (Page 2940.)
9/06/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
currently selectedVote9/07/2011Do pass.
9/07/2011From committee: Do pass. (Ayes 4. Noes 0.) (September 7).
9/08/2011Read second time. Ordered to third reading.
2/02/2012Ordered to third reading. Read third time and amended. (Page 3681.)
7/02/2012Read third time and amended. (Page 5557.) Ordered to third reading.
8/16/2012Read third time. Passed. (Ayes 41. Noes 34. Page 5975.) Ordered to the Senate.
8/16/2012In Senate. Concurrence in Assembly amendments pending.
select this voteAssembly Vote on Passage8/16/2012SB 9 Yee Senate Third Reading By CEDILLO
8/20/2012Assembly amendments concurred in. (Ayes 21. Noes 17. Page 4580.) Ordered to engrossing and enrolling.
select this voteSenate Vote on Passage8/20/2012Unfinished Business SB9 Yee Concurrence
8/22/2012Enrolled and presented to the Governor at 3 p.m.
9/30/2012Approved by the Governor.
9/30/2012Chaptered by Secretary of State. Chapter 828, Statutes of 2012.

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

0 organizations supported this motion

0 organizations opposed this motion

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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, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

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Katcho AchadjianRCA-33$0$0
Luis AlejoDCA-28$0$0
Michael AllenDCA-7$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$0$0
Jim BeallDCA-24$0$0
Bill BerryhillRCA-26$0$0
Marty BlockDCA-78$0$0
Bob BlumenfieldDCA-40$0$0
Susan BonillaDCA-11$0$0
Steven BradfordDCA-51$0$0
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$0$0
Betsy ButlerDCA-53$0$0
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$0$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$0$0
Connie ConwayRCA-34$0$0
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$0$0
Tim DonnellyRCA-59$0$0
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$0$0
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$0
Cathleen GalgianiDCA-17$0$0
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$0$0
Rich GordonDCA-21$0$0
Jeff GorellRCA-37$0$0
Shannon GroveRCA-32$0$0
Curt HagmanRCA-60$0$0
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$0$0
Diane HarkeyRCA-73$0$0
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$0$0
Jerry HillDCA-19$0$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$0$0
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$0$0
Steve KnightRCA-36$0$0
Ricardo LaraDCA-50$0$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$0$0
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$0$0
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$0$0
Holly MitchellDCA-47$0$0
Bill MonningDCA-27$0$0
Mike MorrellRCA-63$0$0
Brian NestandeRCA-64$0$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$0
Kristin OlsenRCA-25$0$0
Richard PanDCA-5$0$0
Henry PereaDCA-31$0$0
John PerezDCA-46$0$0
Manuel PerezDCA-80$0$0
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$0$0
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$0$0
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$0
Bob WieckowskiDCA-20$0$0
Das WilliamsDCA-35$0$0
Mariko YamadaDCA-8$0$0

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