California 2009-2010 Regular Session Status: To Executive

SB 150 — Sentencing.

Last action — Chaptered by Secretary of State. Chapter 171, Statutes of 2009.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally specify that the court shall impose the middle term of a triad of sentence enhancements unless there are circumstances in aggravation or mitigation of the crime. This bill would delete the requirement that the court impose the middle term, as specified, from those provisions and instead provide that the court, in its discretion, impose the enhancement that best serves the interests of justice. This bill would provide that these changes would be repealed on January 1, 2011. This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, Statewide Primary Election that provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house, and therefore requires a 23 vote.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 171, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. To Senate.

  6. Read second time. To third reading.

  7. (Received by Desk on August 28 pursuant to Joint Rule 61(a)(11).)

  8. (Heard in committee on August 27.)

  9. From committee: Do pass. (Ayes 17. Noes 0.)

  10. Set, first hearing. Referred to APPR. suspense file.

  11. (Heard in committee on June 23.)

  12. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  13. To Com. on PUB. S.

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

  15. Read third time. Passed. (Ayes 39. Noes 0. Page 1187.) To Assembly.

  16. To Special Consent Calendar.

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 12. Noes 0. Page 1068.)

  19. (Suspense - for vote only.)

  20. Set for hearing May 28.

  21. Placed on APPR suspense file.

  22. Set for hearing April 27.

  23. Read second time. Amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 480.)

  25. Set for hearing April 14.

  26. To Com. on PUB. S.

  27. From print. May be acted upon on or after March 15.

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

Sponsors

  • Wright · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Wright

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

SB 150 Wright Senate Third Reading By LIEU

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 3000
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Hagman — Yea
Hall — Yea
Carter — Yea
Eng — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Duvall — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Yamada — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Bass — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Mendoza — Yea
Miller — Yea
Nielsen — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
Davis — Not Voting
DeVore — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Yea
Ammiano — Yea
Skinner — Yea
Torlakson — Yea
Hill — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #8 SB150 Wright

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Wyland — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Benoit — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Huff — Yea
Maldonado — Yea
Oropeza — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 150 do?
Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally specify that the court shall impose the middle term of a triad of sentence enhancements unless there are circumstances in aggravation or mitigation of the crime. This bill would delete the requirement that the court impose the middle term, as specified, from those provisions and instead provide that the court, in its discretion, impose the enhancement that best serves the interests of justice. This bill would provide that these changes would be repealed on January 1, 2011. This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, Statewide Primary Election that provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house, and therefore requires a 23 vote.
Who sponsors SB 150?
SB 150 is sponsored by Wright.
What is the current status of SB 150?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 150?
Track SB 150 free on One Click Politics — get push/email alerts when it moves.

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