California 2013-2014 Regular Session Status: Passed Senate

SB 327 — Human trafficking: recall and resentencing: pardons and parole.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law authorizes every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law provides that a writ of habeas corpus based on intimate partner battering may be prosecuted if competent and substantial expert testimony relating to intimate partner battering and its effects was not presented to the trier of fact at the trial court proceedings, and is of such substance that, had it been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, the result of the proceedings would have been different, and that the burden of proof in this regard is on the petitioner. This bill would make those provisions applicable to cases in which competent and substantial expert testimony relating to human trafficking, as defined, and its effects was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. (2) Existing law authorizes the Board of Parole Hearings to report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. Existing law requires the Board of Parole Hearings, one year prior to an inmate's minimum eligible parole release date, to meet with the inmate to review his or her suitability for parole. As part of this review, existing law requires the board to give great weight to any information or evidence that, at the time of the crime, the person had experienced intimate partner battering, if that person was convicted of an offense that occurred prior to August 29, 1996. This bill would authorize the Board of Parole Hearings to report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of evidence that the prisoner was a victim of human trafficking at the time of the offense. The bill would also require, as part of the review to determine a person's suitability for parole, the board to give great weight to any information or evidence that the prisoner was a victim of human trafficking at the time of the offense.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Set, second hearing. Held in committee and under submission.

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

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 18). Re-referred to Com. on APPR.

  6. Referred to Com. on PUB. S.

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

  8. Read third time. Passed. (Ayes 33. Noes 5. Page 1101.) Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 1. Page 1011.) (May 23).

  11. Set for hearing May 23.

  12. Placed on APPR. suspense file.

  13. Set for hearing April 22.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 468.) (April 9). Re-referred to Com. on APPR.

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

  16. Set for hearing April 9.

  17. Referred to Com. on PUB. S.

  18. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Yee · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Yee

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

Passed 33 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30501
Democratic 3000
Total 33501
% of votes cast 85%13%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hueso — Yea
Knight — Nay
Torres — Yea
Wright — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Evans — Yea
Wyland — Nay
Galgiani — Yea
De León — Yea
Hernandez — Yea
Cannella — Yea
Hill — Yea
Huff — Yea
Corbett — Yea
Lara — Yea
Leno — Yea
Beall — Yea
Correa — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Fuller — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Walters — Nay
De León — Yea
Hill — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety 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 SB 327 do?
(1) Existing law authorizes every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law provides that a writ of habeas corpus based on intimate partner battering may be prosecuted if competent and substantial expert testimony relating to intimate partner battering and its effects was not presented to the trier of fact at the trial court proceedings, and is of such substance that, had it been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, the result of the proceedings would have been different, and that the burden of proof in this regard is on the petitioner. This bill would make those provisions applicable to cases in which competent and substantial expert testimony relating to human trafficking, as defined, and its effects was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. (2) Existing law authorizes the Board of Parole Hearings to report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. Existing law requires the Board of Parole Hearings, one year prior to an inmate's minimum eligible parole release date, to meet with the inmate to review his or her suitability for parole. As part of this review, existing law requires the board to give great weight to any information or evidence that, at the time of the crime, the person had experienced intimate partner battering, if that person was convicted of an offense that occurred prior to August 29, 1996. This bill would authorize the Board of Parole Hearings to report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of evidence that the prisoner was a victim of human trafficking at the time of the offense. The bill would also require, as part of the review to determine a person's suitability for parole, the board to give great weight to any information or evidence that the prisoner was a victim of human trafficking at the time of the offense.
Who sponsors SB 327?
SB 327 is sponsored by Yee.
What is the current status of SB 327?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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 SB 327?
Track SB 327 free on One Click Politics — get push/email alerts when it moves.

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