California 2017-2018 Regular Session Status: Enacted

SB 1391 — Juveniles: fitness for juvenile court.

Last action — Chaptered by Secretary of State. Chapter 1012, 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 February 16, 2018. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 4 sponsors

    1 primary, 3 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, the Public Safety and Rehabilitation Act of 2016, as enacted by Proposition 57 at the November 8, 2016, statewide general election, allows the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when he or she was 16 years of age or older or in a case in which a specified serious offense is alleged to have been committed by a minor when he or she was 14 or 15 years of age. The existing Public Safety and Rehabilitation Act of 2016 may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act. This bill would repeal the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age, unless the individual was not apprehended prior to the end of juvenile court jurisdiction, thereby amending Proposition 57. By increasing the number of minors retained under the jurisdiction of the juvenile court, this bill would impose a state-mandated local program. 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. This bill would declare that its provisions are consistent with and further the intent of Proposition 57.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 1012, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 23. Noes 15. Page 6034.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 41. Noes 23. Page 6924.) 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 12. Noes 0.) (August 16).

  10. August 8 set for first hearing. Placed on APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 26). 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 23. Noes 15. Page 4391.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

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

  17. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4309.) (May 25).

  18. Set for hearing May 25.

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

  20. Set for hearing April 23.

  21. April 16 set for first hearing canceled at the request of author.

  22. Set for hearing April 16.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 4516.) (April 3). Re-referred to Com. on APPR.

  24. Set for hearing April 3.

  25. Referred to Com. on PUB. S.

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

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

Sponsors

  • Mitchell · Cosponsor
  • Bradford · Cosponsor
  • Lara · Primary
  • Wieckowski · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 14 voted No

Sponsors (1)

  • Lara

Co-sponsors (3)

  • Mitchell
  • Bradford
  • Wieckowski

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 SB1391 Lara et al. Concurrence

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 191402
Democratic 4100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Yea
Moorlach — Nay
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Glazer — Nay
Chang — Nay
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Nay
Delgado — Yea
Hernandez — Yea
Dodd — Yea
Hertzberg — Yea
De León — Not Voting
Hueso — Yea
Bates — Nay
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 1391 Lara Senate Third Reading By CHIU

Passed 41 Yea · 23 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 3315010
Democratic 8206
Republican 0600
Total 4123016
% of votes cast 51%29%0%20%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Maienschein — Not Voting
Mathis — Not Voting
Nazarian — Yea
Obernolte — Nay
Rodriguez — Not Voting
Thurmond — Yea
Waldron — Not Voting
Wood — Yea
Eggman — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Holden — Yea
Rubio — Yea
Rivas — Yea
Kamlager-Dove — Yea
Levine — Yea
Burke — Yea
Chu — Yea
Chávez — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Fong — Nay
Salas — Nay
Harper — Nay
Kiley — Nay
Mayes — Not Voting
Melendez — Nay
Gray — Not Voting
O'Donnell — Yea
Baker — Nay
Bigelow — Nay
Chau — Not Voting
Chiu — Yea
Cooley — Not Voting
Cooper — Not Voting
Steinorth — Nay
Voepel — Nay
Cunningham — Nay
Daly — Not Voting
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0001
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Fong — Not Voting
Chau — Yea
Nazarian — Yea
Obernolte — Not Voting
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading SB1391 Lara et al.

Passed 23 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191401
Democratic 4100
Total 231501
% of votes cast 59%38%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Hueso — Yea
Morrell — Nay
Nielsen — Nay
Fuller — Nay
Pan — Yea
Cannella — Nay
Galgiani — Nay
De León — Yea
Allen — Yea
Atkins — Yea
Glazer — Nay
Portantino — Yea
Mitchell — Yea
Dodd — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Newman — Not Voting
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

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

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 1391 do?
Existing law, the Public Safety and Rehabilitation Act of 2016, as enacted by Proposition 57 at the November 8, 2016, statewide general election, allows the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when he or she was 16 years of age or older or in a case in which a specified serious offense is alleged to have been committed by a minor when he or she was 14 or 15 years of age. The existing Public Safety and Rehabilitation Act of 2016 may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act. This bill would repeal the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age, unless the individual was not apprehended prior to the end of juvenile court jurisdiction, thereby amending Proposition 57. By increasing the number of minors retained under the jurisdiction of the juvenile court, this bill would impose a state-mandated local program. 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. This bill would declare that its provisions are consistent with and further the intent of Proposition 57.
Who sponsors SB 1391?
SB 1391 is sponsored by Mitchell, Bradford, Lara, and Wieckowski.
What is the current status of SB 1391?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track SB 1391?
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Last checked for changes 3 months ago · updated continuously

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