California 2021-2022 Regular Session Status: Enacted

SB 1034 — Sexually violent predators.

Last action — Chaptered by Secretary of State. Chapter 880, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2022. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the county of domicile and requires the State Department of State Hospitals, or its designee, to consider specified factors when recommending a specific placement. Existing law requires the county of domicile to designate a county agency or program that will provide assistance and consultation in the process of locating and securing housing within the county for committed persons who are about to be conditionally released. This bill, instead, would require the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, to provide assistance and consultation in the department's process of locating and securing housing within the county. The bill would require the department to convene a committee with the participants listed above for the purpose of obtaining that assistance and consultation information and would authorize the court to order a status conference to evaluate the progress of the department in locating and securing housing and in obtaining relevant assistance and consultation information from the participants. By imposing new duties on local government officials, the bill would impose a state-mandated local program. Existing law authorizes a court to order a committed person to be conditionally released in a county other than the county of domicile if the court finds that extraordinary circumstances, as defined, require placement outside the county of domicile and if the designated county of placement is given prior notice and an opportunity to be heard. Under this bill, the court would be authorized to make a finding of extraordinary circumstances only after the county of domicile has petitioned the court to make that finding. The bill would authorize the court to grant the petition and make a finding of extraordinary circumstances only after certain events have occurred, including that the county of domicile has demonstrated to the court that the county of domicile has engaged in an exhaustive housing search with meaningful and robust participation from the participants listed above, the county of domicile has provided at least one alternative placement county for consideration, and the department and the district attorney of a proposed alternative placement county have had an opportunity to be heard at a noticed hearing. The bill would require the court, if it finds that extraordinary circumstances require the placement to occur outside the county of domicile, to state its findings on the record and the grounds supporting its findings. The bill would require the Judicial Council to report to the Legislature on an annual basis the instances in which a court issues a finding of extraordinary circumstances, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 880, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5138.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 11).

  10. June 29 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 8). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 37. Noes 0. Page 3825.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 7. Noes 0. Page 3780.) (May 19).

  17. Set for hearing May 19.

  18. May 2 hearing: Placed on APPR suspense file.

  19. Set for hearing May 2.

  20. April 25 hearing postponed by committee.

  21. Set for hearing April 25.

  22. April 18 hearing postponed by committee.

  23. Set for hearing April 18.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3328.) (April 5). Re-referred to Com. on APPR.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  26. Set for hearing April 5.

  27. Re-referred to Com. on PUB. S.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  29. Referred to Com. on RLS.

  30. From printer.

  31. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Atkins · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Atkins

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1034 Atkins Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 13000
Republican 4000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Nielsen — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Hueso — Yea
Bradford — Yea
Atkins — Yea
Pan — Yea
Skinner — Yea
Gonzalez — Yea
Rubio — Yea
Glazer — Yea
Eggman — Yea
Kamlager — Yea
Hertzberg — Yea
Borgeas — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Yea
Dodd — Yea
Melendez — Yea
Roth — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 1034 Atkins Senate Third Reading By Maienschein

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 34005
Republican 6003
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Gray — Not Voting
Kiley — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 7000
Republican 1001
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Vince Fong — Not Voting
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Republican 4000
Democratic 11002
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Newman — Yea
Portantino — Yea
Leyva — Yea
Hueso — Yea
Gonzalez — Yea
Pan — Yea
Roth — Yea
Bates — Yea
Kamlager — Yea
Rubio — Yea
Dodd — Yea
Wieckowski — Yea
Wilk — Yea
Bradford — Yea
Melendez — Yea
Glazer — Yea
Min — Yea
Nielsen — Yea
Skinner — Yea
Atkins — Yea
Borgeas — Yea
Eggman — Yea
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Republican 1000
Unaffiliated 5000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Wieckowski — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1034 do?
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the county of domicile and requires the State Department of State Hospitals, or its designee, to consider specified factors when recommending a specific placement. Existing law requires the county of domicile to designate a county agency or program that will provide assistance and consultation in the process of locating and securing housing within the county for committed persons who are about to be conditionally released. This bill, instead, would require the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, to provide assistance and consultation in the department's process of locating and securing housing within the county. The bill would require the department to convene a committee with the participants listed above for the purpose of obtaining that assistance and consultation information and would authorize the court to order a status conference to evaluate the progress of the department in locating and securing housing and in obtaining relevant assistance and consultation information from the participants. By imposing new duties on local government officials, the bill would impose a state-mandated local program. Existing law authorizes a court to order a committed person to be conditionally released in a county other than the county of domicile if the court finds that extraordinary circumstances, as defined, require placement outside the county of domicile and if the designated county of placement is given prior notice and an opportunity to be heard. Under this bill, the court would be authorized to make a finding of extraordinary circumstances only after the county of domicile has petitioned the court to make that finding. The bill would authorize the court to grant the petition and make a finding of extraordinary circumstances only after certain events have occurred, including that the county of domicile has demonstrated to the court that the county of domicile has engaged in an exhaustive housing search with meaningful and robust participation from the participants listed above, the county of domicile has provided at least one alternative placement county for consideration, and the department and the district attorney of a proposed alternative placement county have had an opportunity to be heard at a noticed hearing. The bill would require the court, if it finds that extraordinary circumstances require the placement to occur outside the county of domicile, to state its findings on the record and the grounds supporting its findings. The bill would require the Judicial Council to report to the Legislature on an annual basis the instances in which a court issues a finding of extraordinary circumstances, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 1034?
SB 1034 is sponsored by Atkins.
What is the current status of SB 1034?
This bill has been enacted into law. Introduced February 15, 2022. Enacted.
Where can I track SB 1034?
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