California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 81 — Sentencing: dismissal of enhancements.

Last action — Chaptered by Secretary of State. Chapter 721, 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 15, 2020. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 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 generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 721, 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 11. Page 2553.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 46. Noes 24. Page 2941.) 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 11. Noes 4.) (August 26).

  10. July 14 set for first hearing. Placed on suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29).

  13. June 15 set for first hearing canceled at the request of author.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. (Ayes 27. Noes 9. Page 1259.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 1182.) (May 20).

  19. Set for hearing May 20.

  20. May 3 hearing: Placed on APPR suspense file.

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

  22. Set for hearing May 3.

  23. April 19 set for first hearing canceled at the request of author.

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

  25. Set for hearing April 19.

  26. April 5 hearing postponed by committee.

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

  28. Set for hearing April 5.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 520.) (March 16). Re-referred to Com. on APPR.

  30. Set for hearing March 16.

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

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

  33. Referred to Com. on RLS.

  34. Read first time.

  35. From printer. May be acted upon on or after January 15.

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

Sponsors

  • Skinner · Primary
  • Alex Lee · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 16 voted No

Sponsors (1)

  • Skinner

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 81 Skinner Senate Third Reading By Bauer-Kahan

Passed 46 Yea · 24 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 20106
Unaffiliated 261404
Republican 0900
Total 4624010
% of votes cast 58%30%0%13%
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
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Bigelow — Nay
Rodriguez — Nay
Kiley — Nay
Frazier — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Cooper — Nay
Maienschein — Not Voting
Salas — 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 Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. 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
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
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 Yea
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 SB81 Skinner et al. Concurrence

Passed 23 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 8104
Unaffiliated 15602
Republican 0400
Total 231106
% of votes cast 58%28%0%15%
How each member voted (40)
Member Party Vote
Min — Not Voting
Bradford — Yea
Portantino — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Glazer — Nay
Wilk — Nay
Eggman — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
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 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 →

Do pass as amended.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 5001
Republican 0200
Total 11401
% of votes cast 69%25%0%6%
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 Not Voting
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 →

3rd Reading

Passed 27 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 10003
Unaffiliated 17501
Republican 0400
Total 27904
% of votes cast 68%23%0%10%
How each member voted (40)
Member Party Vote
Atkins — Yea
Wieckowski — Yea
Roth — Yea
Bradford — Yea
Min — Yea
Dodd — Yea
Rubio — Yea
Newman — Yea
Kamlager — Yea
Skinner — Yea
Hueso — Yea
Gonzalez — Yea
Portantino — Yea
Pan — Yea
Eggman — Yea
Leyva — Yea
Hertzberg — Yea
Melendez — Nay
Bates — Nay
Wilk — Nay
Borgeas — Nay
Nielsen — Nay
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
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 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 →

Do pass

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 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Kamlager — Yea
Bates — Not Voting
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 81 do?
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.
Who sponsors SB 81?
SB 81 is sponsored by Skinner and Lee, Alex (Democratic).
What is the current status of SB 81?
This bill has been enacted into law. Introduced December 15, 2020. Enacted.
Where can I track SB 81?
Track SB 81 free on One Click Politics — get push/email alerts when it moves.

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