California 2011-2012 Regular Session Status: Enacted

AB 648 — Clemency.

Last action — Chaptered by Secretary of State - Chapter 437, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution authorizes the Governor to grant reprieves, pardons, or commutations after sentence has been entered, but prohibits the Governor from granting a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring. The California Constitution further requires the Governor to report to the Legislature each reprieve, pardon, and commutation stating the pertinent facts and reasons for granting it. Existing statutory law provides that at least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, shall be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service is required to be presented to the Governor. This bill would require that, except when there is imminent danger of the death of a person convicted or imprisoned, or when the term of imprisonment of the applicant is within 10 days of its expiration, at least 10 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to make reasonable efforts to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons' family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. Existing law requires the Governor, at the beginning of every session of the Legislature, to communicate to the Legislature, in addition to each case of reprieve or pardon, each commutation and include specified information in that communication. This bill would instead require the Governor, at the beginning of every regular session of the Legislature, to file a written report with the Legislature that includes each application that was granted for each reprieve, pardon, or commutation by the Governor, or his or her predecessor in office, during the previous regular session of the Legislature, as specified, and would require that the report be made available to the public. The bill would make other conforming changes. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 437, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2627.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 2019.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 8. Noes 0.) (July 11).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.

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

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 1043.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 14. Noes 0.) (April 13).

  20. Re-referred to Com. on APPR.

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

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 22). Re-referred to Com. on APPR.

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 19.

  25. Read first time. To print.

Sponsors

  • Block · Primary
  • Fletcher · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Block

Co-sponsors (1)

  • Fletcher

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 648 BLOCK Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Republican 2000
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Halderman — Yea
Hall — Yea
Allen — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Feuer — Yea
Furutani — Not Voting
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Torres — Yea
Williams — Yea
Butler — Yea
Campos — Yea
Carter — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Cedillo — Yea
Huber — Yea
Hueso — Yea
Knight — Yea
Chesbro — Yea
Portantino — Yea
Alejo — Yea
Ammiano — Yea
Cook — Yea
Donnelly — Yea
Mendoza — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Yea
Lara — Not Voting
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #8 AB648 Block By Hancock

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 0001
Democratic 0002
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Blakeslee — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Wolk — Yea
Wright — Yea
Wyland — Not Voting
Rubio — Yea
Cannella — Yea
Corbett — Yea
Dutton — Yea
Simitian — Not Voting
Alquist — Yea
Anderson — Yea
Harman — Not Voting
Hernandez — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

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
Alquist — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Kehoe — Yea
Lieu — Not Voting
Pavley — Yea
Emmerson — Yea

Official roll call →

AB 648 BLOCK Assembly Third Reading

Passed 68 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 630011
Republican 2000
Democratic 3000
Total 680011
% of votes cast 86%0%0%14%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Feuer — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Cook — Yea
Williams — Yea
Garrick — Yea
Conway — Yea
Swanson — Yea
Wagner — Yea
Gatto — Yea
Hagman — Yea
Harkey — Yea
Huffman — Yea
Knight — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Skinner — Yea
Smyth — Yea
Valadao — Yea
Campos — Yea
Cedillo — Not Voting
Galgiani — Yea
Chesbro — Yea
Gordon — Yea
Bonilla — Yea
Halderman — Yea
Hall — Yea
Atkins — Not Voting
Donnelly — Not Voting
Hueso — Not Voting
Jeffries — Yea
Mansoor — Not Voting
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Morrell — Yea
Norby — Yea
Pan — Yea
Solorio — Yea
Achadjian — Yea
Alejo — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Lara — Not Voting
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Not Voting
Perea — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Butler — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Not Voting
Yamada — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 13003
Democratic 1000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Davis — Yea
Nielsen — Yea
Wagner — Not Voting
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Hill — Yea
Lara — Not Voting
Norby — Not Voting
Solorio — Yea
Donnelly — Yea
Fuentes — Yea
Calderon, Lisa Democratic 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 AB 648 do?
The California Constitution authorizes the Governor to grant reprieves, pardons, or commutations after sentence has been entered, but prohibits the Governor from granting a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring. The California Constitution further requires the Governor to report to the Legislature each reprieve, pardon, and commutation stating the pertinent facts and reasons for granting it. Existing statutory law provides that at least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, shall be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service is required to be presented to the Governor. This bill would require that, except when there is imminent danger of the death of a person convicted or imprisoned, or when the term of imprisonment of the applicant is within 10 days of its expiration, at least 10 days before the Governor acts upon any application for a commutation, the application signed by the person applying be served upon the district attorney of the county where the conviction was had. The bill would authorize the district attorney to submit a written recommendation to the Governor for or against commutation of sentence. The bill would further require the district attorney to make reasonable efforts to notify the victim or victims of the crime or crimes related to the application for commutation of sentence and those persons' family members, and allow those persons to submit a recommendation to the Governor for or against commutation of sentence. By imposing additional duties on the district attorney, this bill would create a state-mandated local program. Existing law requires the Governor, at the beginning of every session of the Legislature, to communicate to the Legislature, in addition to each case of reprieve or pardon, each commutation and include specified information in that communication. This bill would instead require the Governor, at the beginning of every regular session of the Legislature, to file a written report with the Legislature that includes each application that was granted for each reprieve, pardon, or commutation by the Governor, or his or her predecessor in office, during the previous regular session of the Legislature, as specified, and would require that the report be made available to the public. The bill would make other conforming changes. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 648?
AB 648 is sponsored by Block and Fletcher.
What is the current status of AB 648?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 648?
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