SCA 27 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 12 of Article VI thereof, relating to death penalty appeals.
Last action — (Page 3603.)
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 the Supreme Court has appellate jurisdiction when a judgment of death has been pronounced. Existing law authorizes the Supreme Court to, before decision, transfer a cause from itself to a court of appeal, and review the decision of a court of appeal in any cause, except that this transfer authorization does not apply to appeals involving a judgment of death. This measure would amend the California Constitution to also authorize the Supreme Court to transfer a cause to a court of appeal when a judgment of death has been pronounced. The measure would require, if the Supreme Court transfers a cause concerning a judgment of death to a court of appeal, that the Supreme Court review the resulting decision of the court of appeal affirming or reversing that judgment. The measure would provide that if the Supreme Court concludes that the decision contains no error affecting the judgment, presents no need to secure uniformity of decision, and does not require resolution of an important question of law, the Supreme Court may summarily affirm the judgment of the court of appeal in an order published in the official reports. The measure would also require that, if the Supreme Court determines that summary affirmance is not appropriate, the Supreme Court is required to hold oral argument and issue a decision in writing with reasons stated, addressing all or part of the court of appeal's decision.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/11/10 - Introduced Current pdf February 11, 2010
- SCA27 View text html
Action History
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(Page 3603.)
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Returned to Secretary of Senate pursuant to Joint Rule 62(a).
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Set, second hearing. Failed passage in committee. (Ayes 2. Noes 5. Page 3310.)
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Set for hearing April 20.
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Set, first hearing. Hearing canceled at the request of author.
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Set for hearing April 13.
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To Coms. on PUB. S. and E., R., & C.A.
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From print. May be acted upon on or after March 14.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Harman · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Harman
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 5 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Nay |
| Cedillo | — | Nay |
| Huff | — | Yea |
| Steinberg | — | Nay |
| Wright | — | Nay |
| Leno | — | Nay |
| Cogdill | — | Yea |
Subjects
Frequently asked questions
- What does SCA 27 do?
- Existing law provides that the Supreme Court has appellate jurisdiction when a judgment of death has been pronounced. Existing law authorizes the Supreme Court to, before decision, transfer a cause from itself to a court of appeal, and review the decision of a court of appeal in any cause, except that this transfer authorization does not apply to appeals involving a judgment of death. This measure would amend the California Constitution to also authorize the Supreme Court to transfer a cause to a court of appeal when a judgment of death has been pronounced. The measure would require, if the Supreme Court transfers a cause concerning a judgment of death to a court of appeal, that the Supreme Court review the resulting decision of the court of appeal affirming or reversing that judgment. The measure would provide that if the Supreme Court concludes that the decision contains no error affecting the judgment, presents no need to secure uniformity of decision, and does not require resolution of an important question of law, the Supreme Court may summarily affirm the judgment of the court of appeal in an order published in the official reports. The measure would also require that, if the Supreme Court determines that summary affirmance is not appropriate, the Supreme Court is required to hold oral argument and issue a decision in writing with reasons stated, addressing all or part of the court of appeal's decision.
- Who sponsors SCA 27?
- SCA 27 is sponsored by Harman.
- What is the current status of SCA 27?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 SCA 27?
- Track SCA 27 free on One Click Politics — get push/email alerts when it moves.
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