California 2011-2012 Regular Session Status: Enacted

SB 852 — Corrections: victim notification.

Last action — Chaptered by Secretary of State. Chapter 364, Statutes of 2011.

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. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 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

Existing law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Existing law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. This bill would provide that a victim, witness, or next of kin of the victim is not precluded from requesting notification using an automated electronic notification process, if available. Existing law, added by Proposition 8, approved by the voters at the June 8, 1982, statewide primary election and amended by Proposition 9, approved by the voters at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by a prisoner, of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Proposition 8 provides that this statutory provision shall not be amended by the Legislature except by a statute passed in each house by rollcall vote, 23 of the membership concurring or by a statute approved by the voters. Proposition 9 provides that the statutory provisions of that act shall not be amended by the Legislature, except by a statute passed in each house by rollcall vote, 34 of the membership of each house concurring or by a statute approved by the voters. However, the Legislature may amend those provisions by a majority vote of the membership of each house to expand the scope of those provisions or to further the rights of victims of crimes. This bill would permit the victim, or next of kin of the victim, to receive that notice, upon request to the department and verification of the identity of the requester, by telephone, electronic mail, or certified mail, using the method selected by the requester, if that method is available. The bill would provide that this act furthers the rights of victims of crimes for purposes of Proposition 9. By amending this provision, the bill would amend Proposition 8. Because the bill would require the verification of the identity of the requester as a condition to receiving notice, it would amend Proposition 9 in a manner requiring a 34 vote. Existing law provides that as soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall send written notice, if notice has been requested, to specified requesting parties, to the last address of the requesting party provided to the department. This bill would authorize the notice to be sent to a victim or next of kin of a victim by telephone, certified mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, and would require the department to send the notices to the last mailing address, electronic mail address, or telephone number provided to the department by the victim or next of kin of the victim. The bill would make other conforming changes. 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 364, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 9:45 a.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 2780.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 17. Noes 0.) (August 25).

  8. Set, first hearing. Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.

  10. Referred to Com. on PUB. S.

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

  12. Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 1284.) Ordered to the Assembly.

  13. Ordered to special consent calendar.

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

  15. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 1123.) (May 26).

  16. Set for hearing May 26.

  17. Placed on APPR. suspense file.

  18. Set for hearing May 16.

  19. Set, first hearing. Hearing canceled at the request of author.

  20. Set for hearing May 2.

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

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 544.) (April 5).

  23. Set for hearing April 5.

  24. Set, first hearing. Hearing canceled at the request of author.

  25. Set for hearing March 29.

  26. Referred to Com. on PUB. S.

  27. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Hancock · Cosponsor
  • Harman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Harman

Co-sponsors (1)

  • Hancock

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

SB 852 Harman Third Reading Urgency By CHESBRO

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Halderman — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Garrick — Yea
Huber — Yea
Huffman — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Logue — Yea
Portantino — Yea
John A. Pérez — Yea
Ammiano — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Mitchell — Yea
Yamada — Yea
Fletcher — Yea
Galgiani — Yea
Atkins — Yea
Gordon — Yea
Bonilla — Not Voting
Hall — Yea
Harkey — Yea
Hayashi — Yea
Campos — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Block — Yea
Chesbro — Yea
Davis — Not Voting
Donnelly — Yea
Monning — Yea
Morrell — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Williams — Yea
Eng — Not Voting
Dickinson — Yea
Fuentes — Yea
Gatto — 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 →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Campos — Yea
Donnelly — Yea
Norby — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #4

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Dutton — Yea
Blakeslee — Yea
Corbett — Yea
Correa — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Alquist — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Emmerson — 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 852 do?
Existing law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Existing law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. This bill would provide that a victim, witness, or next of kin of the victim is not precluded from requesting notification using an automated electronic notification process, if available. Existing law, added by Proposition 8, approved by the voters at the June 8, 1982, statewide primary election and amended by Proposition 9, approved by the voters at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by a prisoner, of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Proposition 8 provides that this statutory provision shall not be amended by the Legislature except by a statute passed in each house by rollcall vote, 23 of the membership concurring or by a statute approved by the voters. Proposition 9 provides that the statutory provisions of that act shall not be amended by the Legislature, except by a statute passed in each house by rollcall vote, 34 of the membership of each house concurring or by a statute approved by the voters. However, the Legislature may amend those provisions by a majority vote of the membership of each house to expand the scope of those provisions or to further the rights of victims of crimes. This bill would permit the victim, or next of kin of the victim, to receive that notice, upon request to the department and verification of the identity of the requester, by telephone, electronic mail, or certified mail, using the method selected by the requester, if that method is available. The bill would provide that this act furthers the rights of victims of crimes for purposes of Proposition 9. By amending this provision, the bill would amend Proposition 8. Because the bill would require the verification of the identity of the requester as a condition to receiving notice, it would amend Proposition 9 in a manner requiring a 34 vote. Existing law provides that as soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall send written notice, if notice has been requested, to specified requesting parties, to the last address of the requesting party provided to the department. This bill would authorize the notice to be sent to a victim or next of kin of a victim by telephone, certified mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, and would require the department to send the notices to the last mailing address, electronic mail address, or telephone number provided to the department by the victim or next of kin of the victim. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 852?
SB 852 is sponsored by Hancock and Harman.
What is the current status of SB 852?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 852?
Track SB 852 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 852

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 852

Last checked for changes 3 months ago · updated continuously

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

Track this bill →