California 2011-2012 Regular Session Status: Enacted 1 R cosponsors

SB 428 — Lester's Law of 2011.

Last action — Chaptered by Secretary of State. Chapter 304, Statutes of 2011.

  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 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 8 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

(1) Existing law generally regulates governmental access to financial records. Existing law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records, the dissemination of which shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. (2) Existing law provides that, in any homicide case in which a final judgment was entered prior to January 1, 1990, if the venue for trial of a homicide case has been changed from the county which is eligible for reimbursement, as specified, to a location more than 60 miles from the county seat of that county, and the district attorney of that county has entered into a contract with an attorney to try the case or an investigator to assist in the trial of the case, the Controller shall reimburse the county for the actual costs of the attorney or investigator, as specified. This bill would instead apply the provisions above to any homicide case in which a final judgment was not entered prior to January 1, 1990. (3) Existing law requires a state court construction penalty to be imposed upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, as specified. This bill would make a technical, nonsubstantive change to those provisions. (4) Existing law authorizes peace officers to use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication under specified conditions. This bill would make a technical, nonsubstantive change to those provisions. (5) Existing law provides for the impanelment of an additional civil grand jury in the County of San Bernardino pursuant to specified procedures. This bill would make technical, nonsubstantive changes to that provision. (6) Existing law requires the court, in any case in which the defendant is charged with a felony, to require the defendant to provide a right thumbprint on a form developed for that purpose. This bill would require the court to obtain the thumbprint at the arraignment on the information or indictment, or upon entry of a guilty or no contest plea unless the court has obtained the thumbprint at an earlier proceeding. (7) Existing law generally provides for the granting of probation. This bill would make a technical, nonsubstantive change to those provisions. (8) Existing law provides that every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction, shall, under specified conditions and procedures, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty and dismiss the accusatory pleading and release the defendant from all penalties and disabilities resulting from the offense, except as specified. This bill would provide that those provisions do not apply to any infraction falling within the provisions of the Vehicle Code or to a local ordinance adopted pursuant to the Vehicle Code. (9) Existing law permits, under specified conditions, an appeal to be taken from a judgment or order, in an infraction or misdemeanor case, to the appellate division of the superior court of the county in which the court from which the appeal is taken is located. This bill would make technical, nonsubstantive changes to this provision. (10) Existing law establishes the Environmental Enforcement and Training Account in the General Fund to be expended upon appropriation by the Legislature. Existing law provides that 25% or $100,000, whichever is less, of the funds be provided to the Commission on Peace Officer Standards and Training (POST) . This bill would permit POST to decline all or part of this allocation and provide that any funds so declined be reallocated, as specified, for other authorized purposes for the training of peace officers. The bill would make a related change.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 304, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2144.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2508.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2450.)

  9. Ordered to third reading.

  10. From consent calendar.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 6).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. (Ayes 39. Noes 0. Page 1283.) Ordered to the Assembly.

  18. Ordered to special consent calendar.

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

  20. From committee: Do pass as amended. (Ayes 8. Noes 0. Page 1116.) (May 26).

  21. Set for hearing May 26.

  22. Placed on APPR. suspense file.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  24. Set for hearing May 23.

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

  26. Set for hearing May 16.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 862.) (May 3). Re-referred to Com. on APPR.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  29. Set for hearing May 3.

  30. Referred to Com. on PUB. S.

  31. From printer. May be acted upon on or after March 19.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

Unfinished Business SB428 Strickland Concurrence

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Evans — Yea
Corbett — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Yea
Runner — Not Voting
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Emmerson — Yea
Correa — 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 →

SB 428 Strickland Senate Third Reading By AMMIANO

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Halderman — Yea
Butler — Yea
Garrick — Yea
Carter — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Chesbro — Yea
Knight — Yea
Miller — Yea
Pan — Yea
Atkins — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
Campos — Yea
Portantino — Yea
Gordon — Yea
Yamada — Yea
Gorell — Not Voting
Allen — Yea
Hall — Yea
Bonilla — Yea
Harkey — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Huffman — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — 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, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Fuentes — Yea
Donnelly — Yea
Hill — Yea
Norby — Yea
Mitchell — Yea
Davis — Not Voting
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Nielsen — 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
Huff — Yea
Lieu — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Corbett — Yea
Runner — Not Voting
Fuller — Yea
Dutton — Yea
Harman — Yea
Hernandez — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Pavley — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
Correa — 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 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
Kehoe — Yea
Price — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Not Voting

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
Lieu — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety civil-rights labor
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 428 do?
(1) Existing law generally regulates governmental access to financial records. Existing law provides that the dissemination of records pursuant to specified provisions shall not be prohibited. This bill would include within that category of records, the dissemination of which shall not be prohibited, the dissemination of financial information and records pursuant to an order by a judge under specified authority relating to mortgage fraud. (2) Existing law provides that, in any homicide case in which a final judgment was entered prior to January 1, 1990, if the venue for trial of a homicide case has been changed from the county which is eligible for reimbursement, as specified, to a location more than 60 miles from the county seat of that county, and the district attorney of that county has entered into a contract with an attorney to try the case or an investigator to assist in the trial of the case, the Controller shall reimburse the county for the actual costs of the attorney or investigator, as specified. This bill would instead apply the provisions above to any homicide case in which a final judgment was not entered prior to January 1, 1990. (3) Existing law requires a state court construction penalty to be imposed upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, as specified. This bill would make a technical, nonsubstantive change to those provisions. (4) Existing law authorizes peace officers to use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication under specified conditions. This bill would make a technical, nonsubstantive change to those provisions. (5) Existing law provides for the impanelment of an additional civil grand jury in the County of San Bernardino pursuant to specified procedures. This bill would make technical, nonsubstantive changes to that provision. (6) Existing law requires the court, in any case in which the defendant is charged with a felony, to require the defendant to provide a right thumbprint on a form developed for that purpose. This bill would require the court to obtain the thumbprint at the arraignment on the information or indictment, or upon entry of a guilty or no contest plea unless the court has obtained the thumbprint at an earlier proceeding. (7) Existing law generally provides for the granting of probation. This bill would make a technical, nonsubstantive change to those provisions. (8) Existing law provides that every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction, shall, under specified conditions and procedures, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty and dismiss the accusatory pleading and release the defendant from all penalties and disabilities resulting from the offense, except as specified. This bill would provide that those provisions do not apply to any infraction falling within the provisions of the Vehicle Code or to a local ordinance adopted pursuant to the Vehicle Code. (9) Existing law permits, under specified conditions, an appeal to be taken from a judgment or order, in an infraction or misdemeanor case, to the appellate division of the superior court of the county in which the court from which the appeal is taken is located. This bill would make technical, nonsubstantive changes to this provision. (10) Existing law establishes the Environmental Enforcement and Training Account in the General Fund to be expended upon appropriation by the Legislature. Existing law provides that 25% or $100,000, whichever is less, of the funds be provided to the Commission on Peace Officer Standards and Training (POST) . This bill would permit POST to decline all or part of this allocation and provide that any funds so declined be reallocated, as specified, for other authorized purposes for the training of peace officers. The bill would make a related change.
Who sponsors SB 428?
SB 428 is sponsored by Strickland, Tony (Republican).
What is the current status of SB 428?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track SB 428?
Track SB 428 free on One Click Politics — get push/email alerts when it moves.

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