SB 710 — District attorneys: conflicts of interest.
Last action — August 26 hearing: Held in committee and under submission.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
- Amended 05/20/21 - Amended Senate Current pdf May 20, 2021
- Amended 03/25/21 - Amended Senate pdf March 25, 2021
- Introduced 02/19/21 - Introduced pdf February 19, 2021
- SB710 View text html
Action History
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August 26 hearing: Held in committee and under submission.
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August 19 set for first hearing. Placed on suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 29). Re-referred to Com. on APPR.
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Coauthors revised.
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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 26. Noes 10. Page 1381.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1201.) (May 20).
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Set for hearing May 20.
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April 19 hearing: Placed on APPR suspense file.
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Set for hearing April 19.
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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.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing April 6.
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Referred to Com. on PUB. S.
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Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
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(Ayes 32. Noes 4.)
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Art. IV. Sec. 8(a) of the Constitution dispensed with.
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Read first time.
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From printer. May be acted upon on or after March 24.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Bradford · Primary
- Friedman · Cosponsor
- Alex Lee · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 7 voted No
Sponsors (1)
- Bradford
Co-sponsors (2)
- Friedman
- Lee, Alex Democratic
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Total | 5 | 2 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 5 | 0 | 3 |
| Democratic | 11 | 1 | 0 | 1 |
| Republican | 0 | 4 | 0 | 0 |
| Total | 26 | 10 | 0 | 4 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Skinner | — | Yea |
| Bradford | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Nay |
Subjects
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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