California 2015-2016 Regular Session Status: Enacted

SB 382 — Juveniles: jurisdiction: sentencing.

Last action — Chaptered by Secretary of State. Chapter 234, Statutes of 2015.

  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 24, 2015. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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

Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law. This bill would enumerate, within each of those 5 criteria, certain factors that may be given weight. Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the person's age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria. This bill would enumerate, within each of the 5 criteria, certain factors that may be given weight.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 234, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:15 p.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2047.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 61. Noes 15. Page 2427.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 5. Noes 0.) (June 30).

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

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. (Ayes 24. Noes 13. Page 1100.) Ordered to the Assembly.

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

  15. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 984.) (May 12).

  16. Set for hearing May 12.

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

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

  19. Referred to Com. on RLS.

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

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

Sponsors

  • Lara · Primary
  • Leno · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 9 voted No

Sponsors (1)

  • Lara

Co-sponsors (1)

  • Leno

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB382 Lara Concurrence

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Democratic 2100
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hancock — Yea
Hill — Yea
Leyva — Yea
Liu — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Wolk — Yea
Cannella — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Block — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Runner — Not Voting
Huff — Nay
Bates — Nay
Vidak — Nay
Fuller — Nay
Galgiani — Nay
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 382 Lara Senate Third Reading By SANTIAGO

Passed 61 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 551104
Democratic 4000
Republican 2400
Total 611504
% of votes cast 76%19%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Kim — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Olsen — Yea
Perea — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Not Voting
Hadley — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Nay
Mayes — Yea
McCarty — Yea
Campos — Yea
Atkins — Yea
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Gray — Not Voting
Baker — Yea
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Williams — Yea
Wood — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Republican 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Not Voting
Quirk — Yea
Lopez — Yea
Low — Yea
Melendez — Not Voting
Santiago — Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB382 Lara Motions

Passed 24 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221202
Democratic 2100
Total 241302
% of votes cast 62%33%0%5%
How each member voted (39)
Member Party Vote
Hueso — Yea
Pavley — Yea
Wolk — Yea
Fuller — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Not Voting
Cannella — Yea
Runner — Nay
Hall — Not Voting
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Anderson — Nay
Bates — Nay
Beall — Yea
Block — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Hancock — 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 →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Monning — Yea
Anderson — Nay
Leno — Yea
Liu — Yea
Hancock — Yea
Mark Stone — Nay
McGuire, Mike 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 382 do?
Existing law provides that certain minors who have committed specified crimes may be prosecuted under the general law in a court of criminal jurisdiction if the juvenile court concludes, after the evaluation of 5 criteria, that the minor is not a fit and proper subject to be dealt with under the juvenile court law. This bill would enumerate, within each of those 5 criteria, certain factors that may be given weight. Existing law generally provides that when a person is prosecuted for a criminal offense committed while he or she was under 18 years of age, he or she is subject to the same sentence as an adult convicted of the identical offense, except under certain circumstances, including, among others, when the conviction was for a type of offense that, in combination with the person's age at the time the offense was committed, would have made the person eligible for transfer to a court of criminal jurisdiction pursuant to a rebuttable presumption that the person is not a fit and proper subject to be dealt with under the juvenile court law, and the person prevails on a motion requesting that he or she receive a disposition under the juvenile court law. Existing law requires, in order to prevail on that motion, the person to demonstrate, by a preponderance of the evidence, that he or she is a fit and proper subject to be dealt with under the juvenile court law, based upon 5 specified criteria. This bill would enumerate, within each of the 5 criteria, certain factors that may be given weight.
Who sponsors SB 382?
SB 382 is sponsored by Lara and Leno.
What is the current status of SB 382?
This bill has been enacted into law. Introduced February 24, 2015. Enacted.
Where can I track SB 382?
Track SB 382 free on One Click Politics — get push/email alerts when it moves.

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