California 2013-2014 Regular Session Status: Enacted

SB 463 — Sentencing.

Last action — Chaptered by Secretary of State. Chapter 508, Statutes of 2013.

  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 21, 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 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

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 generally, operative until January 1, 2014, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2014, 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, 2017, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 508, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2380.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3170.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2946.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 17. Noes 0.) (August 30).

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

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

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. (Ayes 38. Noes 0. Page 1157.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 7. Noes 0. Page 1014.) (May 23).

  18. Set for hearing May 23.

  19. Placed on APPR. suspense file.

  20. Set for hearing April 15.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 390.) (April 2). Re-referred to Com. on APPR.

  22. Set for hearing April 2.

  23. Referred to Com. on PUB. S.

  24. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Pavley · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Pavley

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 SB463 Pavley Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Wyland — Yea
De León — Yea
Yee — Yea
Cannella — Yea
Evans — Yea
Block — Yea
Corbett — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Lara — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 463 Pavley Senate Third Reading By JONES-SAWYER

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Logue — Yea
Mansoor — Yea
Perea — Yea
Quirk — Yea
Ting — Yea
Waldron — Yea
Wieckowski — Yea
Chesbro — Yea
Buchanan — Yea
Campos — Yea
Chau — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Frazier — Yea
Donnelly — Yea
Gorell — Yea
Hagman — Yea
Holden — Yea
Eggman — Yea
Allen — Yea
Morrell — Yea
Bonilla — Yea
Mullin — Yea
Achadjian — Yea
Alejo — Yea
Nazarian — Yea
Olsen — Yea
Rendon — Yea
Skinner — Yea
Wagner — Yea
Weber — Yea
Gray — Yea
Wilk — Yea
Ammiano — Yea
Bloom — Yea
Brown — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Harkey — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

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
Bradford — Yea
Linder — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
Harkey — Yea
Holden — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Lieu — Yea
Nielsen — Not Voting
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Hancock — Yea
De León — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Torres — Yea
Wright — Yea
Wyland — Yea
Knight — Yea
Anderson — Yea
Corbett — Yea
Monning — Yea
Price — Yea
Roth — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Hill — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety
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 463 do?
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 generally, operative until January 1, 2014, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2014, 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, 2017, 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.
Who sponsors SB 463?
SB 463 is sponsored by Pavley.
What is the current status of SB 463?
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Where can I track SB 463?
Track SB 463 free on One Click Politics — get push/email alerts when it moves.

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