California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 710 — District attorneys: conflicts of interest.

Last action — August 26 hearing: Held in committee and under submission.

  1. ✓
    Introduced
  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 “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 party to file a motion to disqualify a district attorney, city attorney, or city prosecutor from performing an authorized duty. Existing law requires notice of the motion to be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. Under existing law, the motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. This bill would require a district attorney or the Attorney General to recuse themselves from a decision relating to investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty if the district attorney or Attorney General has a conflict of interest, as specified. The bill would state that a conflict of interest exists when a district attorney or the Attorney General who is investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty received a monetary benefit from a member organization or association solely representing law enforcement in specified circumstances at any point between the time the district attorney or the Attorney General filed to run for the office of district attorney or Attorney General until the conclusion of their term in that office.

Bill Text

Action History

  1. August 26 hearing: Held in committee and under submission.

  2. August 19 set for first hearing. Placed on suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 29). Re-referred to Com. on APPR.

  4. Coauthors revised.

  5. Referred to Com. on PUB. S.

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

  7. Read third time. Passed. (Ayes 26. Noes 10. Page 1381.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

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

  10. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1201.) (May 20).

  11. Set for hearing May 20.

  12. April 19 hearing: Placed on APPR suspense file.

  13. Set for hearing April 19.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 690.) (April 6). Re-referred to Com. on APPR.

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

  16. Set for hearing April 6.

  17. Referred to Com. on PUB. S.

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

  19. (Ayes 32. Noes 4.)

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

  21. Read first time.

  22. From printer. May be acted upon on or after March 24.

  23. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Bradford · Primary
  • Friedman · Cosponsor
  • Alex Lee · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 7 voted No

Sponsors (1)

  • Bradford

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

Passed 5 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Republican 0200
Unaffiliated 2001
Total 5201
% of votes cast 63%25%0%13%
How each member voted (8)
Member Party Vote
Quirk — Not Voting
Santiago — Yea
Jones-Sawyer — Yea
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15503
Democratic 11101
Republican 0400
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Min — Nay
Dodd — Yea
Kamlager — Yea
Wieckowski — Yea
Atkins — Yea
Rubio — Yea
Portantino — Yea
Gonzalez — Yea
Skinner — Yea
Newman — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Leyva — Yea
Pan — Yea
Borgeas — Nay
Roth — Nay
Bates — Nay
Wilk — Nay
Glazer — Not Voting
Nielsen — Not Voting
Melendez — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Nay
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

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
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 710 do?
Existing law authorizes a party to file a motion to disqualify a district attorney, city attorney, or city prosecutor from performing an authorized duty. Existing law requires notice of the motion to be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. Under existing law, the motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. This bill would require a district attorney or the Attorney General to recuse themselves from a decision relating to investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty if the district attorney or Attorney General has a conflict of interest, as specified. The bill would state that a conflict of interest exists when a district attorney or the Attorney General who is investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty received a monetary benefit from a member organization or association solely representing law enforcement in specified circumstances at any point between the time the district attorney or the Attorney General filed to run for the office of district attorney or Attorney General until the conclusion of their term in that office.
Who sponsors SB 710?
SB 710 is sponsored by Bradford, Friedman, and Lee, Alex (Democratic).
What is the current status of SB 710?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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 710?
Track SB 710 free on One Click Politics — get push/email alerts when it moves.

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