California 2021-2022 Regular Session Status: In Committee 2 D cosponsors

SB 481 — Sentencing: special circumstances.

Last action — Died on file pursuant to Joint Rule 56.

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

This bill died with 2021-2022 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Under existing law, murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law authorizes a judge to, in furtherance of justice, order an action to be dismissed. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would amend Proposition 115 by repealing the provision prohibiting a judge from striking a special circumstance. The bill would also authorize a judge, on the judge's own motion, upon the application of either party, or upon an application of a person who has been incarcerated 15 years or longer, and in the furtherance of justice, to order the dismissal of a special circumstance finding or admission in cases in which the sentence is life imprisonment without the possibility of parole and in which the person was 25 years of age or younger at the time of the offense that was the basis of the special circumstance finding or admission, as specified. The bill would require a judge, when exercising this discretion, to consider and put great weight on specified factors. The bill would prohibit the court from striking or dismissing a special circumstance if it would result in a sentence that does not require a determination that the person does not pose an unreasonable risk to public safety by the Board of Parole Hearings prior to release and the court finds by a preponderance of the evidence that the person would pose an immediate threat to public safety. The bill would require the court, upon dismissal of a special circumstance, to offer the survivor or survivors and surviving family members information about services to address their needs as related to the crime and case process, as specified. This bill would state that its provisions are severable.

Bill Text

Action History

  1. Died on file pursuant to Joint Rule 56.

  2. Ordered to inactive file on request of Senator Durazo.

  3. Read second time. Ordered to third reading.

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

  5. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1193.) (May 20).

  6. Set for hearing May 20.

  7. May 10 hearing: Placed on APPR suspense file.

  8. Set for hearing May 10.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 941.) (April 27). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  11. Set for hearing April 27.

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

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  14. Referred to Com. on RLS.

  15. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  16. (Ayes 32. Noes 4.)

  17. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  18. From printer. May be acted upon on or after March 20.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

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"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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. 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 SB 481 do?
Under existing law, murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law authorizes a judge to, in furtherance of justice, order an action to be dismissed. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would amend Proposition 115 by repealing the provision prohibiting a judge from striking a special circumstance. The bill would also authorize a judge, on the judge's own motion, upon the application of either party, or upon an application of a person who has been incarcerated 15 years or longer, and in the furtherance of justice, to order the dismissal of a special circumstance finding or admission in cases in which the sentence is life imprisonment without the possibility of parole and in which the person was 25 years of age or younger at the time of the offense that was the basis of the special circumstance finding or admission, as specified. The bill would require a judge, when exercising this discretion, to consider and put great weight on specified factors. The bill would prohibit the court from striking or dismissing a special circumstance if it would result in a sentence that does not require a determination that the person does not pose an unreasonable risk to public safety by the Board of Parole Hearings prior to release and the court finds by a preponderance of the evidence that the person would pose an immediate threat to public safety. The bill would require the court, upon dismissal of a special circumstance, to offer the survivor or survivors and surviving family members information about services to address their needs as related to the crime and case process, as specified. This bill would state that its provisions are severable.
Who sponsors SB 481?
SB 481 is sponsored by Durazo, Maria Elena (Democratic), Becker, Josh (Democratic), Kamlager, and Skinner.
What is the current status of SB 481?
This bill died with 2021-2022 Regular Session. It reached “In Committee” 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 481?
Track SB 481 free on One Click Politics — get push/email alerts when it moves.

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