California 2009-2010 Regular Session Status: To Executive

AB 640 — Sentencing: methamphetamine.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 any person convicted of the unlawful sale of cocaine or heroin who is eligible for and granted probation shall, as a condition of that probation, be confined in a county jail for at least 180 days, except as provided. This bill would also provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation, except as provided. By requiring confinement in a county jail as a condition of probation, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 3:45 p.m.

  3. (Corrected August 31.)

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 26. Noes 6. Page 4580.)

  6. Read second time. To third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (June 29).

  9. In committee: Set first hearing. Failed passage. Reconsideration granted.

  10. Referred to Com. on PUB. S.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time, passed, and to Senate. (Ayes 77. Noes 1. Page 1623.)

  13. From Consent Calendar. To third reading.

  14. Read second time. To Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (May 6).

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 14).

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

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 28.

  23. Read first time. To print.

Sponsors

  • Gilmore · Cosponsor
  • Huber · Primary
  • Solorio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No

Sponsors (1)

  • Huber

Co-sponsors (2)

  • Gilmore
  • Solorio

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Assembly 3rd Reading AB640 Huber By Wright

Passed 26 Yea · 7 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 23706
Democratic 2000
Republican 1000
Total 26706
% of votes cast 67%18%0%15%
How each member voted (39)
Member Party Vote
Yee — Nay
Hancock — Nay
Cedillo — Yea
Correa — Yea
Dutton — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Runner — Yea
Pavley — Yea
Simitian — Yea
Wyland — Yea
Negrete — Nay
Kehoe — Not Voting
Corbett — Not Voting
Ducheny — Not Voting
Leno — Nay
Liu — Nay
McLeod — Nay
Oropeza — Not Voting
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Price — Yea
Romero — Nay
Wolk — Yea
Cogdill — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 640 HUBER Assembly Third Reading

Passed 89 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 81102
Democratic 5000
Republican 3000
Total 89102
% of votes cast 97%1%0%2%
How each member voted (92)
Member Party Vote
Hall — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Anderson — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Salas — Not Voting
Saldana — Not Voting
Ammiano — Nay
Bass — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

AB 640 HUBER Assembly Third Reading Amend By HAGMAN Set #1 Motion to Lay on the Table By TORRICO

Passed 58 Yea · 32 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 523002
Democratic 5000
Republican 1200
Total 583202
% of votes cast 63%35%0%2%
How each member voted (92)
Member Party Vote
Hagman — Nay
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Gilmore — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Carter — Yea
Chesbro — Yea
Conway — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Fletcher — Nay
Gaines — Nay
Bass — Yea
Blakeslee — Nay
Cook — Nay
Coto — Yea
Davis — Yea
Duvall — Nay
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Audra — Nay
Portantino — Not Voting
Saldana — Not Voting
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nielsen — Nay
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Villines — Nay
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Furutani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Ammiano — Yea
Duvall — Yea
Solorio — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 640 do?
Existing law provides that any person convicted of the unlawful sale of cocaine or heroin who is eligible for and granted probation shall, as a condition of that probation, be confined in a county jail for at least 180 days, except as provided. This bill would also provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation, except as provided. By requiring confinement in a county jail as a condition of probation, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 640?
AB 640 is sponsored by Gilmore, Huber, and Solorio.
What is the current status of AB 640?
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 AB 640?
Track AB 640 free on One Click Politics — get push/email alerts when it moves.

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