California 2015-2016 Regular Session Status: Enacted

SB 1084 — Sentencing.

Last action — Chaptered by Secretary of State. Chapter 867, Statutes of 2016.

  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, 2016. 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 6 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 authorizes a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without the possibility of parole to submit a petition for recall and resentencing after he or she has served at least 15 years of his or her sentence. Existing law prohibits a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. Existing law establishes certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. Existing law requires the court to hold a hearing if the court finds that the statements in the defendant's petition are true, as specified, and grants the court discretion to recall and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. If the sentence is not recalled, existing law permits the defendant to submit another petition for recall when the defendant has been committed to the custody of the department for at least 20 years, and if the sentence is not recalled at that hearing, existing law allows the defendant to file another petition after having served 24 years. This bill would instead authorize that prisoner to submit the petition for recall and resentencing after he or she has been incarcerated for 15 years. The bill would allow a defendant whose sentence was recalled, but who was resentenced to life without the possibility of parole, to make additional petitions as specified above. The bill would also require a court, if it finds by a preponderance of the evidence that one or more of the qualifying criteria are true, to recall the sentence previously ordered and hold a hearing to resentence the defendant. The bill would make other conforming changes. Under existing law, most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper lengths of terms. Until January 1, 2017, the choice of the appropriate term that is to best serve the interests of justice rests within the sound discretion of the court. On and after January 1, 2017, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would extend to January 1, 2022, the authority of the court to, in its sound discretion, impose the appropriate term that best serves the interests of justice. The bill would, on and after January 1, 2022, require the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would incorporate additional changes to Section 1170 of the Penal Code, proposed by AB 2590, that would become operative only if this bill and AB 2590 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 867, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 12. Page 5374.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 29. Page 6016.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 14. Noes 6.) (August 3).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. (Ayes 26. Noes 11. Page 3961.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  17. Set for hearing May 23.

  18. May 16 hearing postponed by committee.

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

  20. Set for hearing May 16.

  21. May 9 hearing postponed by committee.

  22. Set for hearing May 9.

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

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3613.) (April 19). Re-referred to Com. on APPR.

  25. Set for hearing April 19.

  26. Referred to Com. on PUB. S.

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

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

Sponsors

  • Hancock · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

  • Hancock

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 SB1084 Hancock Concurrence

Passed 26 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241101
Democratic 2100
Total 261201
% of votes cast 67%31%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hertzberg — Yea
Liu — Yea
Moorlach — Nay
Pavley — Yea
Vidak — Nay
Galgiani — Not Voting
Glazer — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Nay
Bates — Nay
Huff — Nay
Morrell — Nay
Nielsen — Nay
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 1084 Hancock Senate Third Reading By JONES-SAWYER

Passed 49 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 452302
Democratic 4100
Republican 0500
Total 492902
% of votes cast 61%36%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Linder — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Olsen — Nay
Rendon — Yea
Santiago — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Cooper — Not Voting
Dababneh — Yea
Daly — Yea
Salas — Yea
Bonilla — Yea
Frazier — Yea
Gatto — Yea
Gray — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Campos — Yea
Chiu — Yea
Cooley — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Atkins — Yea
Chang — Nay
Chau — Yea
Chu — Yea
Chávez — Nay
Kim — Nay
Alejo — Nay
Baker — Nay
Bigelow — Nay
Mayes — Nay
Melendez — Not Voting
Quirk — Yea
Steinorth — Nay
Ting — Yea
Waldron — Nay
Wilk — Nay
Wood — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Republican 0200
Democratic 2000
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Holden — Yea
Eggman — Yea
Chau — Yea
Daly — Yea
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Santiago — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Bonilla — Yea
Chang — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 2100
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Leno — Yea
Monning — Yea
Pan — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Runner — Not Voting
Fuller — Nay
Galgiani — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Bates — Nay
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Not Voting
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

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 1084 do?
Existing law authorizes a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without the possibility of parole to submit a petition for recall and resentencing after he or she has served at least 15 years of his or her sentence. Existing law prohibits a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. Existing law establishes certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. Existing law requires the court to hold a hearing if the court finds that the statements in the defendant's petition are true, as specified, and grants the court discretion to recall and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. If the sentence is not recalled, existing law permits the defendant to submit another petition for recall when the defendant has been committed to the custody of the department for at least 20 years, and if the sentence is not recalled at that hearing, existing law allows the defendant to file another petition after having served 24 years. This bill would instead authorize that prisoner to submit the petition for recall and resentencing after he or she has been incarcerated for 15 years. The bill would allow a defendant whose sentence was recalled, but who was resentenced to life without the possibility of parole, to make additional petitions as specified above. The bill would also require a court, if it finds by a preponderance of the evidence that one or more of the qualifying criteria are true, to recall the sentence previously ordered and hold a hearing to resentence the defendant. The bill would make other conforming changes. Under existing law, most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper lengths of terms. Until January 1, 2017, the choice of the appropriate term that is to best serve the interests of justice rests within the sound discretion of the court. On and after January 1, 2017, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would extend to January 1, 2022, the authority of the court to, in its sound discretion, impose the appropriate term that best serves the interests of justice. The bill would, on and after January 1, 2022, require the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would incorporate additional changes to Section 1170 of the Penal Code, proposed by AB 2590, that would become operative only if this bill and AB 2590 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
Who sponsors SB 1084?
SB 1084 is sponsored by Hancock.
What is the current status of SB 1084?
This bill has been enacted into law. Introduced February 17, 2016. Enacted.
Where can I track SB 1084?
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