California 2011-2012 Regular Session Status: Passed Assembly

AB 327 — Sentencing: Three Strikes.

Last action — 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.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, contained in 2 initiative statutes, commonly known as the Three Strikes law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply. Existing law requires that if a defendant has 2 or more prior violent or serious felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term to be served, as specified. This bill would provide that a defendant who has 2 or more prior violent or serious felony convictions shall receive the enhanced indeterminate life sentence only if the defendant's current conviction is for a serious or violent felony, as defined. The bill would provide that it would become effective only when submitted to, and approved by, the voters, and would require the Secretary of State to submit the measure to the voters at the November 4, 2014, statewide general election, unless an initiative measure amending these provisions is approved by the voters at the November 6, 2012, statewide general election, in which case the bill would provide that the Secretary of State shall not submit the measure to the voters at the November 4, 2014, statewide general election.

Bill Text

Action History

  1. 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.

  2. 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.

  3. Referred to Com. on PUB. S.

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

  5. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 34. Page 3649.)

  6. Reconsideration granted. (Ayes 44. Noes 26. Page 3648.)

  7. Ordered to the unfinished business file.

  8. Motion to immediately take up the motion to reconsider made by Assembly Member Hagman. (Ayes 28. Noes 45. Page 3635.) Motion fails.

  9. Motion to reconsider made by Assembly Member Davis.

  10. Read third time. Refused passage. (Ayes 33. Noes 35. Page 3634.).

  11. Read third time and amended. Ordered to third reading. (Page 3593.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 9. Noes 8.) (January 19).

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (January 10). Re-referred to Com. on APPR.

  15. Re-referred to Com. on PUB. S.

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

  17. Referred to Com. on PUB. S.

  18. From printer. May be heard in committee March 13.

  19. Read first time. To print.

Sponsors

  • Mitchell · Cosponsor
  • Davis · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Davis

Co-sponsors (1)

  • Mitchell

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 327 DAVIS Motion to Reconsider

Passed 44 Yea · 26 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4324010
Democratic 1000
Republican 0200
Total 4426010
% of votes cast 55%33%0%13%
How each member voted (80)
Member Party Vote
Hall — Yea
Carter — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Cedillo — Yea
Galgiani — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Chesbro — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Huffman — Yea
Lara — Yea
Bonilla — Yea
Beall — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Atkins — Yea
Butler — Not Voting
Yamada — Yea
Portantino — Nay
Fletcher — Nay
Gatto — Nay
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Campos — Not Voting
Conway — Nay
Cook — Nay
Jeffries — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Not Voting
Olsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Nay
Huber — Not Voting
Knight — Nay
Logue — Nay
Mansoor — Nay
Morrell — Nay
Perea — Not Voting
Solorio — Not Voting
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Garrick — Not Voting
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 →

AB 327 DAVIS Assembly Third Reading

Passed 41 Yea · 34 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 403205
Democratic 1000
Total 413405
% of votes cast 51%43%0%6%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Eng — Yea
Carter — Yea
Furutani — Yea
Gatto — Nay
Gordon — Yea
Fong — Yea
Hall — Yea
Allen — Yea
Hayashi — Yea
Cedillo — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Conway — Nay
Lara — Yea
Ammiano — Yea
Beall — Yea
Cook — Nay
Davis — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Perea — Nay
Skinner — Yea
Swanson — Yea
Wagner — Nay
Wieckowski — Yea
Williams — Yea
Portantino — Nay
Fletcher — Nay
Fuentes — Not Voting
Campos — Nay
Gorell — Not Voting
Halderman — Nay
Harkey — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Not Voting
Solorio — Nay
Torres — Nay
Achadjian — Nay
Alejo — Yea
Block — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hueso — Yea
Logue — Nay
Ma — Not Voting
Mansoor — Nay
Silva — Nay
Smyth — Nay
Valadao — Not Voting
Feuer — Yea
Dickinson — Yea
Galgiani — Nay
Garrick — Nay
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 →

AB 327 DAVIS Assembly Third Reading

Failed 33 Yea · 35 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 3233012
Democratic 1000
Republican 0200
Total 3335012
% of votes cast 41%44%0%15%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Hill — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Swanson — Yea
Yamada — Yea
Furutani — Yea
Butler — Nay
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Nay
Campos — Nay
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Chesbro — Not Voting
Halderman — Nay
Portantino — Nay
Fletcher — Nay
Hall — Yea
Hayashi — Yea
Huber — Not Voting
Hueso — Yea
Conway — Nay
Jeffries — Nay
Alejo — Not Voting
Beall — Yea
Block — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Knight — Nay
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Not Voting
Olsen — Nay
Perea — Nay
Silva — Nay
Smyth — Nay
Solorio — Nay
Torres — Nay
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Huffman — Yea
Lara — Not Voting
Ma — Not Voting
Mansoor — Nay
Nielsen — Nay
Pan — Not Voting
Skinner — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Not Voting
Galgiani — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8800
Democratic 1000
Total 9800
% of votes cast 53%47%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Nay
Mitchell — Yea
Hill — Yea
Chesbro — Yea
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Solorio — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Wagner — Nay
Fuentes — Yea
Gatto — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 327 do?
Existing law, contained in 2 initiative statutes, commonly known as the Three Strikes law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply. Existing law requires that if a defendant has 2 or more prior violent or serious felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term to be served, as specified. This bill would provide that a defendant who has 2 or more prior violent or serious felony convictions shall receive the enhanced indeterminate life sentence only if the defendant's current conviction is for a serious or violent felony, as defined. The bill would provide that it would become effective only when submitted to, and approved by, the voters, and would require the Secretary of State to submit the measure to the voters at the November 4, 2014, statewide general election, unless an initiative measure amending these provisions is approved by the voters at the November 6, 2012, statewide general election, in which case the bill would provide that the Secretary of State shall not submit the measure to the voters at the November 4, 2014, statewide general election.
Who sponsors AB 327?
AB 327 is sponsored by Mitchell and Davis.
What is the current status of AB 327?
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 327?
Track AB 327 free on One Click Politics — get push/email alerts when it moves.

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