California 2019-2020 Regular Session Status: To Executive 1 D cosponsors

SB 42 — The Getting Home Safe Act.

Last action — Veto sustained.

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

This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified. This bill would make these provisions inoperative on June 1, 2020, and would repeal it as of January 1, 2021. The bill, beginning June 1, 2020, would instead require the sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would also require a person scheduled to be released from jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, to be released during that time. The bill would require the sheriff to offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m. the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, as specified. The bill would require a sheriff to provide a person who declines that option with a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public telephone. The bill would also require the county jail to track the number of people released during those hours and to make that information available, as specified. Because this bill would impose new duties on sheriffs and county jails, it 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.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

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

  6. Assembly amendments concurred in. (Ayes 35. Noes 4. Page 2846.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 65. Noes 1. Page 3328.) Ordered to the Senate.

  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 13. Noes 0.) (August 30).

  12. August 14 set for first hearing. Placed on APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25).

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. (Ayes 35. Noes 3. Page 1284.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

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

  20. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1088.) (May 16).

  21. Set for hearing May 16.

  22. April 29 hearing: Placed on APPR. suspense file.

  23. Set for hearing April 29.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 623.) (April 9). Re-referred to Com. on APPR.

  25. Set for hearing April 9.

  26. Referred to Com. on PUB. S.

  27. From printer. May be acted upon on or after January 3.

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

Sponsors

  • Skinner · Primary
  • Kamlager-Dove · Cosponsor
  • Buffy Wicks · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

  • Skinner

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 SB42 Skinner et al. Concurrence

Passed 35 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 24300
Democratic 10000
Republican 1101
Total 35401
% of votes cast 88%10%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Morrell — Nay
Nielsen — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

SB 42 Skinner Senate Third Reading By Eggman

Passed 65 Yea · 1 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 42109
Democratic 20002
Republican 3002
Total 651013
% of votes cast 82%1%0%16%
How each member voted (79)
Member Party Vote
Salas — Yea
Kiley — Yea
Mayes — Yea
Bigelow — Yea
Cooley — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Melendez — Nay
Cooper — Not Voting
Fong — Not Voting
Rodriguez — Not Voting
Brough — Not Voting
Obernolte — Not Voting
Mathis — Not Voting
Frazier — Not Voting
Smith — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
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 Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 9004
Total 13005
% of votes cast 72%0%0%28%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Fong — Not Voting
Brough — Not Voting
Obernolte — Not Voting
Bigelow — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea

Official roll call →

3rd Reading

Passed 35 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 25200
Democratic 9000
Republican 1100
Total 35300
% of votes cast 92%8%0%0%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Morrell — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 42 do?
Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified. This bill would make these provisions inoperative on June 1, 2020, and would repeal it as of January 1, 2021. The bill, beginning June 1, 2020, would instead require the sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would also require a person scheduled to be released from jail between the hours of 8 a.m. and 5 p.m. or sundown, whichever is later, to be released during that time. The bill would require the sheriff to offer a person scheduled to be released from jail between the hours of 5 p.m. or sundown, whichever is later, and 8 a.m. the option to voluntarily stay in jail for up to 16 additional hours or until normal business hours, as specified. The bill would require a sheriff to provide a person who declines that option with a safe place to wait to be picked up with adequate and sufficient ability to charge a personal cell phone and access to a free public telephone. The bill would also require the county jail to track the number of people released during those hours and to make that information available, as specified. Because this bill would impose new duties on sheriffs and county jails, it 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.
Who sponsors SB 42?
SB 42 is sponsored by Skinner, Kamlager-Dove, and Wicks, Buffy (Democratic).
What is the current status of SB 42?
This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 42?
Track SB 42 free on One Click Politics — get push/email alerts when it moves.

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