California 2011-2012 Regular Session Status: Passed Assembly

AB 259 — County public defender.

Last action — Ordered to inactive file at the request of Senator Dutton.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes the board of supervisors of a county to establish the office of public defender for the county. Under existing law, a person is not eligible to the office of public defender unless he has been a practicing attorney in the courts of the state for at least the year preceding the date of his election or appointment. This bill would provide that a person is eligible for the Los Angeles County Public Defender if he or she is a sitting or retired judge, and as a judge meets specified qualifications, or if he or she was a judicial commissioner, magistrate, or referee, or elected public official, and meets specified qualifications. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Dutton.

  2. Ordered to inactive file pursuant to Senate Rule 29.

  3. Reconsideration granted. (Ayes 35. Noes 0. Page 4443.)

  4. Motion to reconsider made by Senator Liu.

  5. Read third time. Refused passage. (Ayes 19. Noes 15. Page 4443.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 4. Noes 2.) (June 26).

  8. 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.

  9. In committee: Set second hearing. Failed passage. Reconsideration granted.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 13. Page 1437.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 8. Noes 2.) (May 10).

  17. Re-referred to Com. on JUD.

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

  19. In committee: Hearing postponed by committee.

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 10.

  22. Read first time. To print.

Sponsors

  • Smyth · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Smyth

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

3rd Reading AB259 Smyth By Liu Reconsider

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 1001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wolk — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Fuller — Yea
Corbett — Yea
Hancock — Not Voting
Harman — Not Voting
Dutton — Yea
Kehoe — Yea
Anderson — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Alquist — Yea
Blakeslee — Yea
Hernandez — Not Voting
Huff — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Not Voting
Vargas — Yea
Walters — Yea
Wright — 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 Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB259 Smyth By Liu

Failed 19 Yea · 15 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 181405
Republican 1000
Democratic 0101
Total 191506
% of votes cast 48%38%0%15%
How each member voted (40)
Member Party Vote
Yee — Nay
Evans — Nay
Fuller — Yea
Cannella — Yea
Lowenthal — Yea
Rubio — Yea
Runner — Yea
Hancock — Not Voting
Negrete McLeod — Nay
Harman — Not Voting
Hernandez — Not Voting
Corbett — Nay
De León — Not Voting
Dutton — Yea
Huff — Yea
Anderson — Yea
Kehoe — Nay
Leno — Nay
Lieu — Yea
Liu — Yea
Price — Nay
Steinberg — Nay
Walters — Yea
Wolk — Nay
Wright — Nay
Alquist — Nay
Blakeslee — Yea
Pavley — Not Voting
Simitian — Yea
Vargas — Nay
Wyland — Yea
Emmerson — Yea
Correa — Nay
DeSaulnier — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 0001
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Hancock — Nay
Harman — Yea
Anderson — Yea
Steinberg — Nay
Liu — Yea
Price — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Reconsideration granted.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 0001
Unaffiliated 5001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hancock — Yea
Anderson — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Harman — Not Voting
Calderon, Lisa Democratic Not Voting

Official roll call →

Do pass.

Failed 2 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 0001
Unaffiliated 2301
Total 2302
% of votes cast 29%43%0%29%
How each member voted (7)
Member Party Vote
Hancock — Nay
Harman — Not Voting
Price — Nay
Anderson — Yea
Liu — Yea
Steinberg — Nay
Calderon, Lisa Democratic Not Voting

Official roll call →

AB 259 SMYTH Assembly Third Reading

Passed 56 Yea · 13 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 5213010
Republican 2000
Democratic 2001
Total 5613011
% of votes cast 70%16%0%14%
How each member voted (80)
Member Party Vote
Halderman — Yea
Hall — Yea
Feuer — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Gordon — Yea
Hagman — Yea
Harkey — Yea
Portantino — Yea
John A. Pérez — Yea
Fletcher — Yea
Hill — Yea
Huber — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Hueso — Yea
Jeffries — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Valadao — Yea
Williams — Yea
Bonilla — Yea
Fuentes — Nay
Butler — Not Voting
Atkins — Nay
Mitchell — Nay
Campos — Yea
Gorell — Not Voting
Carter — Not Voting
Lara — Nay
Mendoza — Yea
Monning — Yea
Perea — Nay
Beall — Nay
Block — Not Voting
Davis — Not Voting
Donnelly — Yea
Skinner — Nay
Solorio — Yea
Wieckowski — Nay
Achadjian — Yea
Alejo — Not Voting
Ammiano — Nay
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hayashi — Nay
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Smyth — Yea
Swanson — Nay
Torres — Not Voting
Wagner — Yea
Eng — Not Voting
Dickinson — Yea
Galgiani — Yea
Yamada — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Nay
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Republican 1000
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Atkins — Nay
Hagman — Yea
Huber — Yea
Huffman — Yea
Monning — Yea
Wieckowski — Nay
Wagner — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 259 do?
Existing law authorizes the board of supervisors of a county to establish the office of public defender for the county. Under existing law, a person is not eligible to the office of public defender unless he has been a practicing attorney in the courts of the state for at least the year preceding the date of his election or appointment. This bill would provide that a person is eligible for the Los Angeles County Public Defender if he or she is a sitting or retired judge, and as a judge meets specified qualifications, or if he or she was a judicial commissioner, magistrate, or referee, or elected public official, and meets specified qualifications. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
Who sponsors AB 259?
AB 259 is sponsored by Smyth.
What is the current status of AB 259?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 259?
Track AB 259 free on One Click Politics — get push/email alerts when it moves.

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