California 2023-2024 Regular Session Status: Passed Senate 5 D cosponsors

SB 94 — Recall and resentencing: special circumstances.

Last action — Ordered to third reading.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would authorize an individual serving a sentence of life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 25 years in custody. The bill would exempt individuals from relief under these provisions under certain circumstances, including if the individual was convicted of first degree murder of a peace officer, as specified. The bill would authorize the court to modify the petitioner's sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner's conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a special circumstance, unless the court finds that dismissal of the special circumstance is not appropriate. The bill would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner. The California Constitution, as amended by Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law, at the November 4, 2008, statewide general election, entitles the victim of a crime to specified rights, including to reasonable notice of all public proceedings, including all parole or other postconviction release proceedings. The bill would clarify that these proceedings constitute a "post-conviction release proceeding" under Marsy's Law.

Bill Text

Action History

  1. Ordered to third reading.

  2. From inactive file.

  3. Notice of intention to remove from inactive file given by Assembly Member Kalra.

  4. Ordered to inactive file on request of Assembly Member Kalra.

  5. Ordered to third reading.

  6. Read third time and amended.

  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 10. Noes 5.) (September 1).

  10. August 16 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 27). Re-referred to Com. on APPR.

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

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. (Ayes 22. Noes 12. Page 1263.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

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

  18. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1160.) (May 18).

  19. Set for hearing May 18.

  20. April 24 hearing: Placed on APPR suspense file.

  21. Set for hearing April 24.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 658.) (April 11). Re-referred to Com. on APPR.

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

  24. Set for hearing April 11.

  25. Referred to Com. on PUB S.

  26. From printer. May be acted upon on or after February 18.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Do pass as amended.

Passed 10 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8101
Unaffiliated 2100
Republican 0300
Total 10501
% of votes cast 63%31%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Nay
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

3rd Reading SB94 Cortese et al.

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 18202
Unaffiliated 4304
Republican 0700
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Atkins — Yea
Newman — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Glazer — Nay
Dodd — Nay
Roth — Not Voting
Eggman — Not Voting
Portantino — Not Voting
Min — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Nay
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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 94 do?
Existing law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would authorize an individual serving a sentence of life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 25 years in custody. The bill would exempt individuals from relief under these provisions under certain circumstances, including if the individual was convicted of first degree murder of a peace officer, as specified. The bill would authorize the court to modify the petitioner's sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner's conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a special circumstance, unless the court finds that dismissal of the special circumstance is not appropriate. The bill would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner. The California Constitution, as amended by Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law, at the November 4, 2008, statewide general election, entitles the victim of a crime to specified rights, including to reasonable notice of all public proceedings, including all parole or other postconviction release proceedings. The bill would clarify that these proceedings constitute a "post-conviction release proceeding" under Marsy's Law.
Who sponsors SB 94?
SB 94 is sponsored by Cortese, Dave (Democratic), Becker, Josh (Democratic), Skinner, Wiener, Scott D. (Democratic), Jackson, Corey A. (Democratic), and Weber Pierson, M.D., Akilah (Democratic).
What is the current status of SB 94?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 94?
Track SB 94 free on One Click Politics — get push/email alerts when it moves.

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