Discovery: postconviction.
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SB 651 — Discovery: postconviction.
Last action — Chaptered by Secretary of State. Chapter 483, Statutes of 2019.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 7 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 requires the court, in a case involving a conviction of a serious or violent felony resulting in a sentence of 15 years or more, to order that the defendant be provided reasonable access to discovery materials upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate judgment and a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful. In a case in which a sentence other than death or life in prison without the possibility of parole has been imposed, if a court has entered a previous order granting discovery pursuant to the above provision, existing law authorizes a subsequent order granting discovery to be made in the court's discretion. Existing law states that those provisions, which took effect January 1, 2019, apply prospectively. This bill would instead make those provisions also apply to a case in which a defendant has ever been convicted of those specified felonies. By expanding the number of circumstances under which the court would be authorized to require local agencies to provide access to physical evidence, the 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.
Bill Text
- Chaptered 10/02/19 - Chaptered Current pdf October 02, 2019
- Enrolled 09/11/19 - Enrolled pdf September 11, 2019
- Introduced 02/22/19 - Introduced pdf February 22, 2019
- SB651 View text html
Action History
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Chaptered by Secretary of State. Chapter 483, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 2 p.m.
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In Senate. Ordered to engrossing and enrolling.
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Read third time. Passed. (Ayes 77. Noes 0. Page 3168.) Ordered to the Senate.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 18. Noes 0.) (August 30).
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August 14 set for first hearing. Placed on APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 1280.) Ordered to the Assembly.
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Ordered to special consent calendar.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 6. Noes 0. Page 1106.) (May 16).
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Set for hearing May 16.
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April 22 hearing: Placed on APPR. suspense file.
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Set for hearing April 22.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 526.) (April 2). Re-referred to Com. on APPR.
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Set for hearing April 2.
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be acted upon on or after March 27.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Glazer · Primary
- Tom Lackey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Glazer
Co-sponsors (1)
- Lackey, Tom Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 0 | 0 | 2 |
| Democratic | 22 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Cooley | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Burke | — | Yea |
| Rendon | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Bloom | — | Yea |
| Voepel | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Kamlager-Dove | — | Yea |
| Medina | — | Yea |
| Chu | — | Yea |
| Ting | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Salas | — | Yea |
| Brough | — | Yea |
| Gloria | — | Yea |
| Obernolte | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Nazarian | — | Yea |
| Weber | — | Yea |
| Fong | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Santiago | — | Yea |
| Eggman | — | Yea |
| Levine | — | Yea |
| Wood | — | Yea |
| Melendez | — | Yea |
| Cooper | — | Not Voting |
| Mathis | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| 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 | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| 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 | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 13 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Fong | — | Yea |
| Brough | — | Yea |
| Obernolte | — | Yea |
| Maienschein | — | Yea |
| Bigelow | — | Yea |
| Quirk | — | Yea |
| Eggman | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Eduardo Garcia | — | Yea |
| Wendy Carrillo | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Kamlager-Dove | — | Yea |
| Quirk | — | Yea |
| Jones-Sawyer | — | Yea |
| Mathis | — | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 9 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Morrell | — | 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 |
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Mark Stone | — | Yea |
| 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 | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Moorlach | — | Yea |
| Mitchell | — | Yea |
| Morrell | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 651 do?
- Existing law requires the court, in a case involving a conviction of a serious or violent felony resulting in a sentence of 15 years or more, to order that the defendant be provided reasonable access to discovery materials upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate judgment and a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful. In a case in which a sentence other than death or life in prison without the possibility of parole has been imposed, if a court has entered a previous order granting discovery pursuant to the above provision, existing law authorizes a subsequent order granting discovery to be made in the court's discretion. Existing law states that those provisions, which took effect January 1, 2019, apply prospectively. This bill would instead make those provisions also apply to a case in which a defendant has ever been convicted of those specified felonies. By expanding the number of circumstances under which the court would be authorized to require local agencies to provide access to physical evidence, the 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.
- Who sponsors SB 651?
- SB 651 is sponsored by Glazer and Lackey, Tom (Republican).
- What is the current status of SB 651?
- This bill has been enacted into law. Introduced February 22, 2019. Enacted.
- Where can I track SB 651?
- Track SB 651 free on One Click Politics — get push/email alerts when it moves.
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