California 2021-2022 Regular Session Status: Enacted 3 D cosponsors

SB 73 — Probation: eligibility: crimes relating to controlled substances.

Last action — Chaptered by Secretary of State. Chapter 537, Statutes of 2021.

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

This bill has been enacted into law. Introduced December 10, 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 6 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 prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing or agreeing to sell or transport opiates or opium derivatives, possessing or transporting cannabis, planting or cultivating peyote, and various crimes relating to forging or altering prescriptions, among other crimes, if the person has previously been convicted of any one of specified felony offenses relating to controlled substances. Existing law also prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale or selling 14.25 grams or more of a substance containing heroin and possessing for sale 14.25 grams or more of any salt or solution of phencyclidine or its analogs, among other crimes. This bill would delete various crimes relating to controlled substances, including, but not limited to, the crimes described above, from those prohibitions against granting probation or a suspended sentence. The bill would authorize the remaining prohibitions on probation to be waived by a court in the interests of justice. By making additional persons eligible for probation, 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

Action History

  1. Chaptered by Secretary of State. Chapter 537, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 23. Noes 12. Page 2621.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 42. Noes 26. Page 3062.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).

  10. June 30 set for first hearing. Placed on suspense file.

  11. Coauthors revised.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 15). Re-referred to Com. on APPR.

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. (Ayes 25. Noes 10. Page 748.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  18. Set for hearing March 22.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 423.) (March 9). Re-referred to Com. on APPR.

  20. Set for hearing March 9.

  21. Referred to Com. on PUB. S.

  22. Read first time.

  23. From printer. May be acted upon on or after January 10.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 113 not signed on · 21 voted No

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

SB 73 Wiener Senate Third Reading By Carrillo

Passed 42 Yea · 26 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 17505
Unaffiliated 251207
Republican 0900
Total 4226012
% of votes cast 53%33%0%15%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Mayes — Yea
Wood — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Frazier — Nay
Waldron — Nay
Daly — Nay
Smith — Nay
Cunningham — Nay
Cooper — Nay
Maienschein — Not Voting
Rodriguez — Not Voting
Cooley — Not Voting
Kiley — Not Voting
Nazarian — Not Voting
Villapudua — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Unfinished Business SB73 Wiener et al. Concurrence

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 9202
Unaffiliated 14603
Republican 0400
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hertzberg — Yea
Glazer — Yea
Atkins — Yea
Hueso — Yea
Pan — Yea
Leyva — Yea
Roth — Yea
Rubio — Yea
Portantino — Yea
Skinner — Yea
Wieckowski — Yea
Dodd — Yea
Kamlager — Yea
Min — Nay
Borgeas — Nay
Melendez — Nay
Nielsen — Nay
Wilk — Nay
Bates — Nay
Gonzalez — Not Voting
Newman — Not Voting
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
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 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 6000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 3000
Republican 0101
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Santiago — Yea
Jones-Sawyer — Yea
Quirk — Yea
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Not Voting

Official roll call →

3rd Reading SB73 Wiener et al.

Passed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 9103
Unaffiliated 16502
Republican 0400
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Skinner — Yea
Hueso — Yea
Leyva — Yea
Roth — Yea
Wieckowski — Yea
Pan — Yea
Kamlager — Yea
Portantino — Yea
Hertzberg — Yea
Dodd — Yea
Gonzalez — Yea
Rubio — Yea
Glazer — Yea
Atkins — Yea
Bradford — Yea
Eggman — Yea
Wilk — Nay
Bates — Nay
Min — Nay
Melendez — Nay
Nielsen — Nay
Newman — Not Voting
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
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 →

Subjects

public-safety labor
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Frequently asked questions

What does SB 73 do?
Existing law prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing or agreeing to sell or transport opiates or opium derivatives, possessing or transporting cannabis, planting or cultivating peyote, and various crimes relating to forging or altering prescriptions, among other crimes, if the person has previously been convicted of any one of specified felony offenses relating to controlled substances. Existing law also prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale or selling 14.25 grams or more of a substance containing heroin and possessing for sale 14.25 grams or more of any salt or solution of phencyclidine or its analogs, among other crimes. This bill would delete various crimes relating to controlled substances, including, but not limited to, the crimes described above, from those prohibitions against granting probation or a suspended sentence. The bill would authorize the remaining prohibitions on probation to be waived by a court in the interests of justice. By making additional persons eligible for probation, 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 73?
SB 73 is sponsored by Wiener, Scott D. (Democratic), Chiu, Wicks, Buffy (Democratic), Bradford, Skinner, Kalra, Ash (Democratic), Kamlager, Quirk, and Wendy Carrillo.
What is the current status of SB 73?
This bill has been enacted into law. Introduced December 10, 2020. Enacted.
Where can I track SB 73?
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