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

AB 2845 — Criminal procedure: pardons.

Last action — Chaptered by Secretary of State - Chapter 824, Statutes of 2018.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2018. 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.

  • 1 sponsor

    1 primary, 0 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

The general authority to grant reprieves, pardons, and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California. Existing law establishes the procedure for application for a pardon. Existing law authorizes the Board of Parole Hearings to recommend to the Governor persons imprisoned in the state prison system who, in their judgment, ought to be pardoned. Existing law also authorizes a person formerly convicted of a crime to file a petition with the superior court for a certificate of rehabilitation. Existing law authorizes the court to review that application and issue a certificate of rehabilitation, as specified. Existing law requires any certificate of rehabilitation issued by the court to be forwarded to the Governor for consideration of a full pardon. Existing law also authorizes a person twice convicted of a felony to apply directly to the governor for a pardon. Existing law defines the effect of a full pardon. Existing law, upon request of the Governor, requires the Board of Parole Hearings to investigate and report on all applications for reprieves, pardons, and commutation of sentence and to make recommendations to the Governor. This bill would authorize the board to make recommendations to the Governor at any time, and would authorize the Governor to request investigation into candidates for pardon or commutation at any time. The bill would require the board to consider expedited review of the application if a petitioner indicates an urgent need for the pardon or commutation, as specified. The bill would also require the board to provide notification to an applicant after the board receives the application, and when the board has issued a recommendation. The bill would, subject to criteria established by the Governor, as specified, require a certificate of rehabilitation issued by a court to be reviewed by the board within one year of receipt of the certificate, and would require the board to issue a recommendation as to whether the Governor should pardon that individual. The bill would make a certificate of rehabilitation available to a person who has had a conviction dismissed pursuant to withdrawal of plea, as specified. This bill would also require the Governor to make the application for a pardon and the application for a commutation available on the Governor's Internet Web site and would require the courts of each county to make the application for a certificate of rehabilitation available on the court's Internet Web site and at each courthouse. The bill would make other conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 824, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 45. Noes 30. Page 7022.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 5950.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).

  12. In committee: Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (June 26). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 29. Page 5563.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 4.) (May 25).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 17). Re-referred to Com. on APPR.

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

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

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

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  25. Referred to Com. on PUB. S.

  26. From printer. May be heard in committee March 19.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 14 voted No

Sponsors (1)

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

AB 2845 BONTA Concurrence in Senate Amendments

Passed 45 Yea · 30 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 332104
Democratic 12301
Republican 0600
Total 453005
% of votes cast 56%38%0%6%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Kiley — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Weber — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Eggman — Yea
Gloria — Yea
Kamlager-Dove — Yea
Levine — Yea
Mullin — Yea
Quirk — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Ting — Yea
Wood — Yea
Gray — Yea
Rubio — Yea
Rivas — Yea
Frazier — Not Voting
Fong — Nay
Salas — Nay
Friedman — Yea
Holden — Yea
Jones-Sawyer — Yea
Mayes — Nay
Bigelow — Nay
Chiu — Yea
Chávez — Nay
McCarty — Yea
Cooley — Nay
Melendez — Nay
O'Donnell — Yea
Rodriguez — Not Voting
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Cooper — Not Voting
Cunningham — 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 Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
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 →

3rd Reading AB2845 Bonta By Pan

Passed 25 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211103
Democratic 4100
Total 251203
% of votes cast 63%30%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Hertzberg — Yea
Hill — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Roth — Yea
Skinner — Yea
Vidak — Nay
Wilk — Nay
Cannella — Not Voting
Fuller — Nay
Glazer — Yea
Hernandez — Yea
Chang — Nay
Delgado — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Hueso — Yea
De León — Yea
Dodd — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Moorlach — Nay
Pan — Yea
Wieckowski — Yea
Galgiani — Not Voting
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 →

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

Official roll call →

AB 2845 BONTA Assembly Third Reading

Passed 46 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 342102
Democratic 12201
Republican 0600
Total 462903
% of votes cast 59%37%0%4%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Maienschein — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
Obernolte — Nay
Santiago — Yea
Waldron — Nay
Weber — Yea
Eggman — Yea
Chávez — Nay
Burke — Yea
Chau — Yea
Chu — Yea
Daly — Yea
Frazier — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Mullin — Yea
Gonzalez Fletcher — Yea
Quirk — Yea
Thurmond — Yea
Ting — Yea
Gray — Yea
Wood — Yea
Rubio — Yea
Fong — Nay
Salas — Nay
Holden — Yea
Jones-Sawyer — Yea
Kiley — Nay
Mayes — Nay
McCarty — Yea
Melendez — Nay
Baker — Nay
Chiu — Yea
Cooley — Nay
Cooper — Not Voting
O'Donnell — Yea
Rendon — Yea
Rodriguez — Not Voting
Steinorth — Nay
Voepel — Nay
Cunningham — Nay
Friedman — Yea
Gloria — 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 Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
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 Yea
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.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Obernolte — Nay
Eggman — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Fong — Nay
Quirk — Yea
Chau — 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 →

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 AB 2845 do?
The general authority to grant reprieves, pardons, and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California. Existing law establishes the procedure for application for a pardon. Existing law authorizes the Board of Parole Hearings to recommend to the Governor persons imprisoned in the state prison system who, in their judgment, ought to be pardoned. Existing law also authorizes a person formerly convicted of a crime to file a petition with the superior court for a certificate of rehabilitation. Existing law authorizes the court to review that application and issue a certificate of rehabilitation, as specified. Existing law requires any certificate of rehabilitation issued by the court to be forwarded to the Governor for consideration of a full pardon. Existing law also authorizes a person twice convicted of a felony to apply directly to the governor for a pardon. Existing law defines the effect of a full pardon. Existing law, upon request of the Governor, requires the Board of Parole Hearings to investigate and report on all applications for reprieves, pardons, and commutation of sentence and to make recommendations to the Governor. This bill would authorize the board to make recommendations to the Governor at any time, and would authorize the Governor to request investigation into candidates for pardon or commutation at any time. The bill would require the board to consider expedited review of the application if a petitioner indicates an urgent need for the pardon or commutation, as specified. The bill would also require the board to provide notification to an applicant after the board receives the application, and when the board has issued a recommendation. The bill would, subject to criteria established by the Governor, as specified, require a certificate of rehabilitation issued by a court to be reviewed by the board within one year of receipt of the certificate, and would require the board to issue a recommendation as to whether the Governor should pardon that individual. The bill would make a certificate of rehabilitation available to a person who has had a conviction dismissed pursuant to withdrawal of plea, as specified. This bill would also require the Governor to make the application for a pardon and the application for a commutation available on the Governor's Internet Web site and would require the courts of each county to make the application for a certificate of rehabilitation available on the court's Internet Web site and at each courthouse. The bill would make other conforming changes.
Who sponsors AB 2845?
AB 2845 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 2845?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2845?
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