California 2011-2012 Regular Session Status: Enacted

AB 2371 — Veterans: criminal defendants: mental health issues and restorative relief.

Last action — Chaptered by Secretary of State - Chapter 403, Statutes of 2012.

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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 24, 2012. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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 a court, in the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military to make a determination, prior to sentencing, as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of that service. If the court concludes that a defendant convicted of a criminal offense is such a person, and if the defendant is otherwise eligible for probation and the court places the defendant on probation, existing law authorizes the court to order the defendant into a local, state, federal, or private nonprofit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists. This bill would authorize a court to grant restorative relief to a criminal defendant who comes within the description set forth above if the court finds, at a public hearing held after not less then 15 days' notice to the prosecution, the defense, and any victim of the offense, that the defendant meets specified criteria, including that he or she does not represent a danger to the health and safety of others. The bill would authorize the court to take any of specified actions, including deeming all conditions of probation, except victim restitution, to be satisfied, including fines, fees, assessments, and programs, and terminating probation prior to the expiration of the term of probation, reducing a felony to a misdemeanor, as specified, setting aside the conviction and dismissing the action, or providing other specified relief. The bill would provide that a dismissal of the action pursuant to these provisions releases the defendant from all penalties and disabilities resulting from the offense of which the defendant has been convicted in the dismissed action, except as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 403, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:10 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 16. Page 6439.).

  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 37. Noes 0. Page 4691.).

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

  8. From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 19).

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 19. Page 4988.)

  12. Read second time. Ordered to third reading.

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

  14. From committee: Do pass as amended. (Ayes 4. Noes 0.) (April 17).

  15. In committee: Hearing postponed by committee.

  16. Referred to Com. on PUB. S.

  17. Read first time.

  18. From printer. May be heard in committee March 27.

  19. Introduced. To print.

Sponsors

  • Butler · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Butler

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

AB 2371 BUTLER Concurrence in Senate Amendments

Passed 57 Yea · 16 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 561407
Democratic 1000
Total 571607
% of votes cast 71%20%0%9%
How each member voted (80)
Member Party Vote
Eng — Yea
Feuer — Yea
Butler — Yea
Hagman — Yea
Hill — Yea
Fong — Yea
Allen — Yea
Huber — Yea
Alejo — Yea
Ma — Yea
Carter — Yea
Cedillo — Yea
Perea — Yea
Swanson — Yea
Blumenfield — Yea
Huffman — Yea
Smyth — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Block — Yea
Hueso — Yea
Lara — Yea
Mansoor — Nay
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Nay
Pan — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Garrick — Not Voting
Portantino — Not Voting
Gorell — Not Voting
Halderman — Nay
Jeffries — Nay
Conway — Nay
Knight — Not Voting
Cook — Not Voting
Donnelly — Nay
Morrell — Nay
Norby — Nay
Valadao — Nay
Wagner — Not Voting
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Logue — Nay
Miller — Nay
Skinner — Yea
Solorio — Nay
Williams — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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 →

3rd Reading AB2371 Butler By Correa

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hancock — Not Voting
Wyland — Yea
Huff — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Steinberg — Yea
Wolk — Yea
Negrete McLeod — Yea
Yee — Yea
Rubio — Yea
Fuller — Yea
Harman — Not Voting
Cannella — Yea
Dutton — Yea
Leno — Yea
Lieu — Not Voting
Price — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — 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 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Liu — Yea
Anderson — Yea
Price — Yea
Steinberg — Yea
Harman — Yea
Calderon, Lisa Democratic Yea

Official roll call →

AB 2371 BUTLER Assembly Third Reading

Passed 45 Yea · 19 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4418015
Democratic 1000
Republican 0101
Total 4519016
% of votes cast 56%24%0%20%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Campos — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Carter — Yea
Mitchell — Yea
Huffman — Yea
Lara — Yea
Cedillo — Yea
Bonilla — Yea
Mendoza — Yea
Ammiano — Yea
Block — Yea
Chesbro — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Yamada — Yea
Fletcher — Not Voting
Garrick — Nay
Atkins — Not Voting
Portantino — Not Voting
John A. Pérez — Not Voting
Gorell — Not Voting
Halderman — Nay
Hall — Not Voting
Cook — Not Voting
Donnelly — Nay
Harkey — Not Voting
Jeffries — Nay
Knight — Not Voting
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Perea — Not Voting
Smyth — Nay
Solorio — Nay
Wagner — Nay
Achadjian — Not Voting
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Ma — Not Voting
Mansoor — Nay
Norby — Nay
Silva — Not Voting
Swanson — Yea
Valadao — Not Voting
Conway — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Total 4002
% of votes cast 67%0%0%33%
How each member voted (6)
Member Party Vote
Hagman — Not Voting
Mitchell — Yea
Ammiano — Yea
Skinner — Yea
Knight — Not Voting
Cedillo — Yea

Official roll call →

Subjects

public-safety civil-rights veterans
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Frequently asked questions

What does AB 2371 do?
Existing law requires a court, in the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military to make a determination, prior to sentencing, as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of that service. If the court concludes that a defendant convicted of a criminal offense is such a person, and if the defendant is otherwise eligible for probation and the court places the defendant on probation, existing law authorizes the court to order the defendant into a local, state, federal, or private nonprofit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists. This bill would authorize a court to grant restorative relief to a criminal defendant who comes within the description set forth above if the court finds, at a public hearing held after not less then 15 days' notice to the prosecution, the defense, and any victim of the offense, that the defendant meets specified criteria, including that he or she does not represent a danger to the health and safety of others. The bill would authorize the court to take any of specified actions, including deeming all conditions of probation, except victim restitution, to be satisfied, including fines, fees, assessments, and programs, and terminating probation prior to the expiration of the term of probation, reducing a felony to a misdemeanor, as specified, setting aside the conviction and dismissing the action, or providing other specified relief. The bill would provide that a dismissal of the action pursuant to these provisions releases the defendant from all penalties and disabilities resulting from the offense of which the defendant has been convicted in the dismissed action, except as specified.
Who sponsors AB 2371?
AB 2371 is sponsored by Butler.
What is the current status of AB 2371?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2371?
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