California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

SB 408 — Body armor.

Last action — Chaptered by Secretary of State. Chapter 21, Statutes of 2010.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 any person who has been convicted of a violent felony who purchases, owns, or possesses body armor, as defined in the California Code of Regulations, except as authorized, is guilty of a felony, punishable by imprisonment in a state prison for 16 months or 2 or 3 years. However, the court, in People v. Saleem (102 Cal.Rptr.3d 652) , held that this provision is unconstitutionally vague in violation of due process. This bill would change the definition of "body armor" for purposes of this provision to mean any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor. By expanding the scope of an existing crime, this bill would create 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 21, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9:45 a.m.

  4. In Senate. To enrollment.

  5. Read third time. Urgency clause adopted. Passed. (Ayes 73. Noes 0. Page 5197.) To Senate.

  6. From Consent Calendar to third reading.

  7. Read second time. To Consent Calendar.

  8. (Heard in committee on May 5.)

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

  10. (Heard in committee on April 22.)

  11. 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.

  12. To Com. on PUB. S.

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

  14. Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 0. Page 2732.) To Assembly.

  15. Read second time. Amended. To third reading.

  16. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 2694.)

  17. Placed on APPR suspense file.

  18. Set for hearing January 21.

  19. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 4. Noes 0. Page 2688.) Re-referred to Com. on APPR.

  20. Set for hearing January 19.

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

  22. Re-referred to Com. on RLS.

  23. Withdrawn from committee.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.

  25. Re-referred to Com. on EQ.

  26. (Corrected April 8.)

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  28. To Com. on RLS.

  29. From print. May be acted upon on or after March 28.

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

Sponsors

  • Stephen C. Padilla · Primary
  • V. Manuel Perez · Cosponsor
  • Runner · Cosponsor
  • Cook · Cosponsor
  • Correa · Cosponsor
  • Cox · Cosponsor
  • Hagman · Cosponsor
  • Harman · Cosponsor
  • Huff · Cosponsor
  • Huffman · Cosponsor
  • Leno · Cosponsor
  • Lieu · Cosponsor
  • Ma · Cosponsor
  • Nava · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 13 co-sponsors · 108 not signed on

Sponsors (1)

Co-sponsors (13)

  • V. Manuel Perez
  • Runner
  • Cook
  • Correa
  • Cox
  • Hagman
  • Harman
  • Huff
  • Huffman
  • Leno
  • Lieu
  • Ma
  • Nava

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"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 408 Padilla Third Reading Urgency By PEREZ, V.M.

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2001
Republican 3000
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hagman — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Lieu — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Ruskin — Yea
Silva — Not Voting
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Norby — Not Voting
Skinner — Yea
Torrico — Yea
Emmerson — Yea
Davis — Yea
DeVore — Yea
Yamada — Not Voting
Fuller — Yea
Furutani — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Hall — Yea
Fuentes — Yea
Conway — Yea
Charles — Yea
Harkey — Yea
De — Yea
Leon — Yea
Coto — Yea
Davis — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Torrico — Yea
Calderon, Lisa Democratic Yea

Official roll call →

SENATE 3RD READING SB408 PADILLA

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Florez — Yea
Harman — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Runner — Not Voting
Cogdill — Yea
Huff — Not Voting
Liu — Yea
Corbett — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Not Voting
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Kehoe — Yea
Leno — Yea
Maldonado — Yea
Pavley — Yea
Price — Yea
Walters — Not Voting
Wright — 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 →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Corbett — Yea
Leno — Yea
Liu — Yea
Price — Yea
Alquist — Not Voting
Kehoe — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Wyland — Not Voting
Alquist — Not Voting
Walters — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

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 408 do?
Existing law provides that any person who has been convicted of a violent felony who purchases, owns, or possesses body armor, as defined in the California Code of Regulations, except as authorized, is guilty of a felony, punishable by imprisonment in a state prison for 16 months or 2 or 3 years. However, the court, in People v. Saleem (102 Cal.Rptr.3d 652) , held that this provision is unconstitutionally vague in violation of due process. This bill would change the definition of "body armor" for purposes of this provision to mean any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor. By expanding the scope of an existing crime, this bill would create 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 408?
SB 408 is sponsored by Padilla, Stephen C. (Democratic), V. Manuel Perez, Runner, Cook, Correa, Cox, Hagman, Harman, Huff, Huffman, Leno, Lieu, Ma, and Nava.
What is the current status of SB 408?
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 408?
Track SB 408 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 408

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 408

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →