California 2011-2012 Regular Session Status: To Executive

SB 296 — Criminal street gangs: injunction: petition for exemption.

Last action — Veto sustained.

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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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 for injunctive relief from the unlawful activities of criminal street gangs, the duration of which is within the court's discretion. Existing law provides for injunctive relief from a person who engages in harassment, as specified, of a duration of not more than 3 years, and provides that, at any time within the 3 months before the expiration of the injunction prohibiting harassment, the plaintiff may apply for a renewal of that injunction by filing a new petition. This bill would provide that, in addition to any other administrative or judicial remedies, in an action relating to an injunction pursuant to specified provisions to enjoin criminal street gang activity, an individual may file with the court a petition on a form developed by the Judicial Council to exempt him or her from the injunction or portions of the injunction. The bill would require the petitioner to state that he or she meets specified conditions. The bill would allow the court to hold an evidentiary hearing and receive any relevant evidence in order to rule on any petition filed pursuant to these provisions. The bill would permit the court to require the petitioner to testify at this hearing. The bill would require the petitioner to notify any prosecuting agency that filed the action for injunction of the filing of the petition. The bill would permit the court to charge the petitioner for the reasonable costs of filing the petition. The bill would provide that its provisions pertaining to the petition process become operative on July 1, 2012. The bill would express legislative findings, declarations, and intent regarding the enactment of the above provisions.

Bill Text

Action History

  1. Veto sustained.

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

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 4:30 p.m.

  6. In Senate. Ordered to engrossing and enrolling.

  7. Read third time. Passed. (Ayes 42. Noes 35. Page 2755.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 10. Noes 6.) (August 17).

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. (Ayes 23. Noes 15. Page 1225.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 6. Noes 2. Page 1114.) (May 26).

  16. Set for hearing May 26.

  17. Placed on APPR. suspense file.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  19. Set for hearing April 11.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 417.) (March 22).

  22. Set for hearing March 22.

  23. Referred to Com. on PUB. S.

  24. From printer. May be acted upon on or after March 17.

  25. 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 · 7 voted No

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 296 Wright Senate Third Reading By MITCHELL

Passed 42 Yea · 35 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 413303
Democratic 1000
Republican 0200
Total 423503
% of votes cast 53%44%0%4%
How each member voted (80)
Member Party Vote
Halderman — Nay
Butler — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hall — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Carter — Yea
Bonilla — Yea
Atkins — Yea
Block — Yea
Cedillo — Yea
Davis — Yea
Dickinson — Yea
Mendoza — Yea
Norby — Yea
Skinner — Yea
Wieckowski — Yea
Williams — Yea
Feuer — Nay
Garrick — Nay
Gatto — Nay
Portantino — Nay
Fletcher — Nay
Gorell — Not Voting
Campos — Yea
Hagman — Nay
Harkey — Nay
Huber — Nay
Huffman — Nay
Jeffries — Nay
Alejo — Not Voting
Cook — Nay
Donnelly — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Perea — Nay
Solorio — Nay
Valadao — Nay
Achadjian — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Nay
Lara — Yea
Ma — Nay
Mansoor — Nay
Monning — Yea
Pan — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torres — Nay
Wagner — Nay
Chesbro — Not Voting
Conway — Nay
Eng — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 10 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 0100
Total 10601
% of votes cast 59%35%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Nay
Harkey — Nay
Hill — Yea
Mitchell — Yea
Lara — Yea
Nielsen — Nay
Solorio — Yea
Campos — Not Voting
Donnelly — Nay
Blumenfield — Yea
Bradford — Yea
Norby — Yea
Wagner — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Nay

Official roll call →

3rd Reading

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Democratic 2000
Republican 0100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Nay
Hancock — Yea
Runner — Nay
Harman — Nay
Hernandez — Yea
Huff — Nay
Leno — Yea
Blakeslee — Nay
Cannella — Nay
Corbett — Yea
Dutton — Nay
Lieu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Not Voting
Alquist — Yea
Anderson — Nay
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Wright — Yea
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Emmerson — Not Voting
Runner — Nay
Alquist — Yea
Steinberg — Yea
Walters — Nay
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Pavley — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Not Voting
Price — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 296 do?
Existing law provides for injunctive relief from the unlawful activities of criminal street gangs, the duration of which is within the court's discretion. Existing law provides for injunctive relief from a person who engages in harassment, as specified, of a duration of not more than 3 years, and provides that, at any time within the 3 months before the expiration of the injunction prohibiting harassment, the plaintiff may apply for a renewal of that injunction by filing a new petition. This bill would provide that, in addition to any other administrative or judicial remedies, in an action relating to an injunction pursuant to specified provisions to enjoin criminal street gang activity, an individual may file with the court a petition on a form developed by the Judicial Council to exempt him or her from the injunction or portions of the injunction. The bill would require the petitioner to state that he or she meets specified conditions. The bill would allow the court to hold an evidentiary hearing and receive any relevant evidence in order to rule on any petition filed pursuant to these provisions. The bill would permit the court to require the petitioner to testify at this hearing. The bill would require the petitioner to notify any prosecuting agency that filed the action for injunction of the filing of the petition. The bill would permit the court to charge the petitioner for the reasonable costs of filing the petition. The bill would provide that its provisions pertaining to the petition process become operative on July 1, 2012. The bill would express legislative findings, declarations, and intent regarding the enactment of the above provisions.
Who sponsors SB 296?
SB 296 is sponsored by Wright.
What is the current status of SB 296?
This bill died with 2011-2012 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 296?
Track SB 296 free on One Click Politics — get push/email alerts when it moves.

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