California 2019-2020 Regular Session Status: Enacted 3 D cosponsors

AB 2512 — Death penalty: person with an intellectual disability.

Last action — Chaptered by Secretary of State - Chapter 331, Statutes of 2020.

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  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 19, 2020. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 4 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 authorizes a defendant to apply, prior to the commencement of trial, for an order directing that a hearing to determine intellectual disability be conducted when the prosecution in a criminal case seeks the death penalty. Existing law requires the court to order a hearing to determine whether the defendant has an intellectual disability upon the submission of a declaration by a qualified expert stating the expert's opinion that the defendant is a person with an intellectual disability. Existing law defines "intellectual disability" for these purposes as a condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before 18 years of age. This bill would change the definition of "intellectual disability" to include conditions that manifest before the end of the developmental period, as defined by clinical standards. The bill would also prohibit the results of a test measuring intellectual functioning to be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status. The bill would require the court to order a hearing to determine whether the defendant is a person with an intellectual disability upon a prima facie showing, as defined, that the defendant is a person with an intellectual disability. The bill would authorize a person in custody pursuant to a judgment of death to apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus and would specify the procedure for making the determination as to whether the defendant is a person with an intellectual disability.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 331, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1. Page 4372.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 0.) (July 31).

  8. Referred to Com. on PUB. S.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 0. Page 4851.)

  11. Read third time and amended. Ordered to third reading. (Page 4679.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 6. Noes 1.) (May 19).

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

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

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

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

  18. Referred to Com. on PUB. S.

  19. From printer. May be heard in committee March 21.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on

Sponsors (1)

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

3rd Reading AB2512 Mark Stone et al. By Bradford

Passed 30 Yea · 1 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 20106
Democratic 10000
Republican 0003
Total 30109
% of votes cast 75%3%0%23%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hill — Yea
Hertzberg — Yea
Wieckowski — Yea
Portantino — Yea
Monning — Yea
Skinner — Yea
Hueso — Yea
Pan — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Allen — Yea
Roth — Yea
Leyva — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Galgiani — Yea
Glazer — Yea
Nielsen — Nay
Chang — Not Voting
Morrell — Not Voting
Bates — Not Voting
Melendez — Not Voting
Moorlach — Not Voting
Borgeas — Not Voting
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 Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Bradford — Yea
Skinner — Yea
Mitchell — Yea
Morrell — Not Voting
Moorlach — Not Voting
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2512 Mark Stone Assembly Third Reading

Passed 57 Yea · 0 Nay · 22 Other
Party YeaNayPresentNot Voting
Democratic 20002
Unaffiliated 360015
Republican 1005
Total 570022
% of votes cast 72%0%0%28%
How each member voted (79)
Member Party Vote
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Jones-Sawyer — Yea
Ting — Yea
Chau — Yea
Santiago — Yea
Frazier — Yea
Cooper — Not Voting
Kiley — Not Voting
Brough — Not Voting
Diep — Not Voting
Bigelow — Not Voting
Rodriguez — Not Voting
Fong — Not Voting
Waldron — Not Voting
Cunningham — Not Voting
Voepel — Not Voting
Gray — Not Voting
Mathis — Not Voting
Obernolte — Not Voting
Mayes — Not Voting
Holden — Yea
Maienschein — Yea
Friedman — Yea
Smith — Yea
Weber — Yea
Nazarian — Yea
Rendon — Yea
Quirk — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Daly — Yea
Burke — Yea
Cooley — Yea
Mullin — Yea
Gloria — Yea
Salas — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Gonzalez — Yea
Wood — Yea
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 Not Voting
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 Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

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 2512 do?
Existing law authorizes a defendant to apply, prior to the commencement of trial, for an order directing that a hearing to determine intellectual disability be conducted when the prosecution in a criminal case seeks the death penalty. Existing law requires the court to order a hearing to determine whether the defendant has an intellectual disability upon the submission of a declaration by a qualified expert stating the expert's opinion that the defendant is a person with an intellectual disability. Existing law defines "intellectual disability" for these purposes as a condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before 18 years of age. This bill would change the definition of "intellectual disability" to include conditions that manifest before the end of the developmental period, as defined by clinical standards. The bill would also prohibit the results of a test measuring intellectual functioning to be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status. The bill would require the court to order a hearing to determine whether the defendant is a person with an intellectual disability upon a prima facie showing, as defined, that the defendant is a person with an intellectual disability. The bill would authorize a person in custody pursuant to a judgment of death to apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus and would specify the procedure for making the determination as to whether the defendant is a person with an intellectual disability.
Who sponsors AB 2512?
AB 2512 is sponsored by Bloom, Chiu, Kalra, Ash (Democratic), Mullin, Quirk, Ting, Wicks, Buffy (Democratic), Bonta, Mia (Democratic), and Mark Stone.
What is the current status of AB 2512?
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Where can I track AB 2512?
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Last checked for changes 3 months ago · updated continuously

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