California 2011-2012 Regular Session Status: Enacted

SB 576 — Sentencing.

Last action — Chaptered by Secretary of State. Chapter 361, Statutes of 2011.

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  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 17, 2011. 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 9 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, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica's Law) , approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of rape, sodomy, or oral copulation and if, among other things, in the commission of that offense any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law further provides that a defendant shall be punished by imprisonment in the state prison for 15 years to life if convicted of rape, sodomy, or oral copulation and if, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of its application or increase the punishment or penalties by a statute passed by a majority vote of each house. This bill would additionally include the infliction of great bodily injury on the victim or another person among that list of circumstances that if committed by any person in the commission by the defendant of rape, sodomy, or oral copulation would subject the defendant to imprisonment in the state prison for 15 years to life. The bill would include related findings and declarations. Because the bill would change the penalty for a crime, it would impose a state-mandated local program. (2) Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2014, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, statewide primary election, that provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house, and therefore requires a 23 vote. (3) This bill would incorporate changes to Section 1170 of the Penal Code made by AB 116, which has been chaptered but is not operative, to become operative only if AB 116 becomes operative, and changes made by either AB 17 of the First Extraordinary Session or SB 5 of the First Extraordinary Session. (4) This bill would incorporate changes to Section 1170.1 of the Penal Code made by AB 117, which has been chaptered but is not operative, to become operative only if AB 117 becomes operative. (5) This bill would incorporate changes to Section 12021.5 of the Penal Code made by AB 109 and AB 117, which have been chaptered but are not operative, to become operative only if AB 109 and AB 117 become operative. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 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 361, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:30 a.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2458.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 79. Noes 0. Page 3173.) Ordered to the Senate.

  8. Assembly Rule 69(d) suspended. (Page 3165.)

  9. Ordered to third reading.

  10. Read third time and amended. (Page 3108.)

  11. Ordered to third reading.

  12. Read third time and amended. (Ayes 74. Noes 0. Page 2818.)

  13. Read second time. Ordered to third reading.

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

  15. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

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

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

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

  19. Referred to Com. on PUB. S.

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

  21. Read third time. Passed. (Ayes 40. Noes 0. Page 1230.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 9. Noes 0. Page 1119.) (May 26).

  24. Set for hearing May 26.

  25. Placed on APPR. suspense file.

  26. Set for hearing May 2.

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

  28. Set for hearing April 5.

  29. Hearing postponed by committee.

  30. Set for hearing March 22.

  31. Referred to Com. on PUB. S.

  32. From printer. May be acted upon on or after March 20.

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

Sponsors

  • Calderon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Calderon

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 Supp 1 SB576 Calderon Urgency Clause Concurrence

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
Yee — Yea
Wyland — Yea
Cannella — Yea
Corbett — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Pavley — Yea
Vargas — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 576 Calderon Third Reading Urgency By CEDILLO

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Garrick — Yea
Carter — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Perea — Yea
Yamada — Yea
Feuer — Yea
Atkins — Yea
Furutani — Yea
Campos — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Cedillo — Yea
Portantino — Yea
Halderman — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Chesbro — Yea
Jeffries — Yea
Conway — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
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 →

SB 576 Calderon Third Reading Urgency By CEDILLO Amend By CEDILLO Set #1

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Yamada — Yea
Feuer — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Hill — Yea
Huber — Yea
Cedillo — Yea
Conway — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Chesbro — Yea
Dickinson — Yea
Galgiani — Yea
Gordon — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hall — Yea
Harkey — Yea
Ammiano — Yea
Beall — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Atkins — Yea
Bonilla — Not Voting
Halderman — Not Voting
Campos — Yea
Davis — Not Voting
Donnelly — Not Voting
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Valadao — Yea
Williams — Yea
Cook — Yea
Eng — Yea
Fuentes — Yea
Furutani — Not Voting
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 as amended.

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

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Wyland — Yea
Corbett — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Dutton — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Price — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — 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.

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

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 576 do?
(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica's Law) , approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of rape, sodomy, or oral copulation and if, among other things, in the commission of that offense any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law further provides that a defendant shall be punished by imprisonment in the state prison for 15 years to life if convicted of rape, sodomy, or oral copulation and if, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of its application or increase the punishment or penalties by a statute passed by a majority vote of each house. This bill would additionally include the infliction of great bodily injury on the victim or another person among that list of circumstances that if committed by any person in the commission by the defendant of rape, sodomy, or oral copulation would subject the defendant to imprisonment in the state prison for 15 years to life. The bill would include related findings and declarations. Because the bill would change the penalty for a crime, it would impose a state-mandated local program. (2) Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing, operative until January 1, 2012, generally specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2012, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2014, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, statewide primary election, that provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house, and therefore requires a 23 vote. (3) This bill would incorporate changes to Section 1170 of the Penal Code made by AB 116, which has been chaptered but is not operative, to become operative only if AB 116 becomes operative, and changes made by either AB 17 of the First Extraordinary Session or SB 5 of the First Extraordinary Session. (4) This bill would incorporate changes to Section 1170.1 of the Penal Code made by AB 117, which has been chaptered but is not operative, to become operative only if AB 117 becomes operative. (5) This bill would incorporate changes to Section 12021.5 of the Penal Code made by AB 109 and AB 117, which have been chaptered but are not operative, to become operative only if AB 109 and AB 117 become operative. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 576?
SB 576 is sponsored by Calderon.
What is the current status of SB 576?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track SB 576?
Track SB 576 free on One Click Politics — get push/email alerts when it moves.

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