California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

SB 923 — Criminal investigations: eyewitness identification.

Last action — Chaptered by Secretary of State. Chapter 977, Statutes of 2018.

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  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 January 23, 2018. Enacted.

Prognosis

Likely to advance 74% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 generally regulates the collection and admissibility of evidence for purposes of criminal prosecutions. This bill would, commencing January 1, 2020, require all law enforcement agencies and prosecutorial entities to adopt regulations for conducting photo lineups and live lineups with eyewitnesses, as those terms would be defined by the bill, to ensure reliable and accurate suspect identifications. The bill would require the regulations to comply with specified requirements, including that prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness provide the description of the perpetrator of the offense. By imposing a higher level of service on local law enforcement and prosecutorial entities, the bill would impose a state-mandated local program. The bill would also include a statement of legislative findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 977, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 21. Noes 8. Page 6188.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 12. Noes 1.) (August 16).

  12. June 27 set for first hearing. Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 12). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. (Ayes 27. Noes 8. Page 4400.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

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

  19. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 4299.) (May 25).

  20. Set for hearing May 25.

  21. April 23 hearing: Placed on APPR. suspense file.

  22. Set for hearing April 23.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 4627.) (April 10). Re-referred to Com. on APPR.

  24. Set for hearing April 10.

  25. Referred to Com. on PUB. S.

  26. From printer. May be acted upon on or after February 23.

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

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (1)

  • Levine

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

SB 923 Wiener Senate Third Reading By LEVINE

Passed 50 Yea · 21 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 361606
Democratic 13102
Republican 1401
Total 502109
% of votes cast 63%26%0%11%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
Mathis — Nay
O'Donnell — Not Voting
Quirk — Yea
Steinorth — Nay
Voepel — Nay
Eggman — Yea
Chiu — Yea
Frazier — Nay
Friedman — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Salas — Yea
Burke — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Rivas — Yea
Kiley — Nay
Low — Yea
Chau — Yea
Fong — Nay
Baker — Yea
Chu — Yea
Cooley — Yea
Cunningham — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Gray — Not Voting
Harper — Nay
Chávez — Nay
Cooper — Nay
Obernolte — Nay
Rodriguez — Not Voting
Waldron — Nay
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Unfinished Business SB923 Wiener et al. Concurrence

Passed 21 Yea · 8 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 19709
Democratic 2102
Total 218011
% of votes cast 53%20%0%28%
How each member voted (40)
Member Party Vote
Anderson — Not Voting
Bates — Nay
Hueso — Yea
Leyva — Yea
Moorlach — Not Voting
Nielsen — Nay
Skinner — Yea
Wieckowski — Not Voting
Cannella — Yea
Dodd — Not Voting
Fuller — Nay
Glazer — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Not Voting
Hernandez — Yea
De León — Yea
Chang — Nay
Hertzberg — Not Voting
Delgado — Yea
Hill — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Monning — Not Voting
Morrell — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wilk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0100
Total 12104
% of votes cast 71%6%0%24%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Friedman — Yea
Nazarian — Yea
Obernolte — Not Voting
Gonzalez Fletcher — Yea
Quirk — Yea
Fong — Not Voting
Chau — Yea
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading SB923 Wiener et al.

Passed 27 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24703
Democratic 3101
Total 27804
% of votes cast 69%21%0%10%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hill — Yea
Moorlach — Nay
Skinner — Yea
Dodd — Yea
Fuller — Not Voting
Roth — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Atkins — Yea
Glazer — Yea
Portantino — Yea
Hernandez — Yea
Mitchell — Yea
Hertzberg — Yea
Hueso — Yea
De León — Not Voting
Bates — Nay
Beall — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Newman — Nay
Nielsen — Nay
Pan — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Lara — Yea
Nielsen — Nay
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

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
Bates — Yea
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 923 do?
Existing law generally regulates the collection and admissibility of evidence for purposes of criminal prosecutions. This bill would, commencing January 1, 2020, require all law enforcement agencies and prosecutorial entities to adopt regulations for conducting photo lineups and live lineups with eyewitnesses, as those terms would be defined by the bill, to ensure reliable and accurate suspect identifications. The bill would require the regulations to comply with specified requirements, including that prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness provide the description of the perpetrator of the offense. By imposing a higher level of service on local law enforcement and prosecutorial entities, the bill would impose a state-mandated local program. The bill would also include a statement of legislative findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 923?
SB 923 is sponsored by Levine and Wiener, Scott D. (Democratic).
What is the current status of SB 923?
This bill has been enacted into law. Introduced January 23, 2018. Enacted.
Where can I track SB 923?
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Last checked for changes 3 months ago · updated continuously

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