California 2009-2010 Regular Session Status: To Executive

AB 358 — Criminal procedure: narcotics and drug abuse cases.

Last action — Consideration of Governor's veto stricken from file.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 entry of judgment may be deferred with respect to defendants who are charged with certain enumerated crimes and meet certain criteria, including no prior convictions for any offense involving controlled substances and no prior felony convictions within the prior 5 years, as specified. Existing law requires the prosecuting attorney to review his or her file to determine whether those conditions apply to the defendant and, if the defendant is found ineligible for deferred entry of judgment, to file with a court a declaration stating the grounds upon which the determination is based. This bill would authorize the court, at the defendant's request, to review the prosecuting attorney's determination of ineligibility and would further authorize the court to make the final determination, as specified.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 5:15 p.m.

  5. In Assembly. To enrollment.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 18. Page 1920.)

  7. Read second time. To third reading.

  8. From committee: Do pass. (Ayes 5. Noes 2.) (June 23).

  9. Referred to Com. on PUB. S.

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

  11. Read third time, passed, and to Senate. (Ayes 47. Noes 32. Page 1874.)

  12. Read third time, amended, and returned to third reading. (Page 1727.).

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 5. Noes 2.) (May 12).

  15. Referred to Com. on PUB. S.

  16. From printer. May be heard in committee March 26.

  17. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Ammiano

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

Assembly 3rd Reading AB358 Ammiano By Leno

Passed 22 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211601
Democratic 1100
Republican 0100
Total 221801
% of votes cast 54%44%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Cogdill — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Hancock — Yea
Hollingsworth — Nay
Runner — Nay
Ducheny — Yea
Kehoe — Yea
Alquist — Yea
Ashburn — Nay
Dutton — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Benoit — Nay
Harman — Nay
Huff — Nay
Maldonado — Nay
Pavley — Not Voting
Wolk — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Cedillo — Yea
Huff — Nay
Benoit — Nay
Leno — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

AB 358 AMMIANO Assembly Third Reading

Passed 56 Yea · 35 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 503301
Republican 1200
Democratic 5000
Total 563501
% of votes cast 61%38%0%1%
How each member voted (92)
Member Party Vote
Audra — Nay
Garrick — Nay
Hagman — Nay
Jeffries — Nay
Block — Not Voting
Lieu — Nay
Miller — Nay
Nava — Nay
Nestande — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Yea
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
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Hill — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Fletcher — Nay
Gaines — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Duvall — Nay
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Logue — Nay
Mendoza — Yea
Nielsen — Nay
Price — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Emmerson — Nay
Evans — Yea
DeVore — Nay
Fuller — Nay
Gilmore — Nay
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.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hagman — Nay
Furutani — Yea
Hill — Yea
Solorio — Yea
Anderson — Nay
Ma — Yea
Skinner — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 358 do?
Existing law provides that entry of judgment may be deferred with respect to defendants who are charged with certain enumerated crimes and meet certain criteria, including no prior convictions for any offense involving controlled substances and no prior felony convictions within the prior 5 years, as specified. Existing law requires the prosecuting attorney to review his or her file to determine whether those conditions apply to the defendant and, if the defendant is found ineligible for deferred entry of judgment, to file with a court a declaration stating the grounds upon which the determination is based. This bill would authorize the court, at the defendant's request, to review the prosecuting attorney's determination of ineligibility and would further authorize the court to make the final determination, as specified.
Who sponsors AB 358?
AB 358 is sponsored by Ammiano.
What is the current status of AB 358?
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 358?
Track AB 358 free on One Click Politics — get push/email alerts when it moves.

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