California 2013-2014 Regular Session Status: Enacted

AB 351 — Civil liberties: suspension of habeas corpus for American citizens.

Last action — Chaptered by Secretary of State - Chapter 450, Statutes of 2013.

  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 13, 2013. 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

The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her. Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities. This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) , (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 450, Statutes of 2013.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2096.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.

  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 71. Noes 1. Page 1805.)

  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 14. Noes 0.) (May 24).

  15. In committee: Set, first hearing. Referred to APPR. suspense file.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 9). Re-referred to Com. on APPR.

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

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

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

  20. Referred to Com. on PUB. S.

  21. From printer. May be heard in committee March 16.

  22. Read first time. To print.

Sponsors

  • Donnelly · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Donnelly

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

3rd Reading AB351 Donnelly By Leno

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 2001
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Lieu — Yea
Roth — Yea
Wright — Yea
Emmerson — Yea
Evans — Yea
Cannella — Yea
Correa — Yea
Hernandez — Yea
De León — Yea
Hueso — Yea
Huff — Yea
Block — Yea
Knight — Yea
Leno — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Hancock — Not Voting
Corbett — Yea
Monning — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Wyland — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 351 DONNELLY Assembly Third Reading

Passed 71 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 60107
Democratic 7000
Republican 4000
Total 71107
% of votes cast 90%1%0%9%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Not Voting
Nazarian — Not Voting
Perea — Yea
Rendon — Yea
Wagner — Yea
Wieckowski — Yea
Stone — Yea
Lowenthal — Yea
Gatto — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gonzalez — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gorell — Yea
Hall — Yea
Holden — Not Voting
Levine — Yea
Logue — Yea
Bocanegra — Yea
Medina — Yea
Melendez — Yea
John A. Pérez — Yea
Salas — Yea
Morrell — Yea
Chávez — Nay
Mullin — Yea
Nestande — Yea
Alejo — Yea
Bigelow — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Chesbro — Not Voting
Olsen — Not Voting
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 13003
Democratic 1000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bigelow — Not Voting
Bradford — Yea
Harkey — Not Voting
Quirk — Yea
Wagner — Not Voting
Campos — Yea
Bocanegra — Yea
Linder — Yea
Eggman — Yea
Pan — Yea
Weber — Yea
Donnelly — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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 AB 351 do?
The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her. Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities. This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) , (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.
Who sponsors AB 351?
AB 351 is sponsored by Donnelly.
What is the current status of AB 351?
This bill has been enacted into law. Introduced February 13, 2013. Enacted.
Where can I track AB 351?
Track AB 351 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 351

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 AB 351

Last checked for changes 2 months ago · updated continuously

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

Track this bill →