California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

SB 285 — Criminal procedure: sentencing.

Last action — Chaptered by Secretary of State. Chapter 979, Statutes of 2024.

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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 February 01, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 29, 2024.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    1 primary, 0 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

Prior law, in effect until January 1, 2020, required a sentencing court to impose an additional one-year term for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony, as specified. Prior law, in effect until January 1, 2018, also required a sentencing court to impose on a defendant convicted of specified crimes relating to controlled substances, an additional 3-year term for each prior conviction of specified controlled substances crimes. Existing law limits the imposition of these sentencing enhancements to certain specified circumstances. Existing law invalidates any enhancement imposed pursuant to one of these prior provisions and requires the sentencing court, upon receipt of notice and verification of specified information, to recall the sentence and resentence the person to remove any invalid sentence enhancements. This bill would, commencing January 1, 2025, make an individual sentenced to death or a term of life without the possibility of parole, who has been convicted of a sexually violent offense, and who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court, as specified, ineligible for recall and resentencing under these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 979, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5633.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5622.)

  6. Set for hearing August 28.

  7. From committee: Be re-referred to Com. on PUB S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5416.) Re-referred to Com. on PUB S.

  8. Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 71. Noes 1. Page 6511.) Ordered to the Senate.

  11. Ordered to third reading.

  12. Read third time and amended.

  13. Ordered to third reading.

  14. From consent calendar on motion of Assembly Member McCarty.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7).

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

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 2).

  19. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  21. From committee: Do pass and re-refer to Com. on G.O. (Ayes 15. Noes 2.) (June 20). Re-referred to Com. on G.O.

  22. Referred to Coms. on B. & P. and G.O.

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

  24. Read third time. Passed. (Ayes 33. Noes 3. Page 1072.) Ordered to the Assembly.

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 12. Noes 1. Page 746.) (April 17).

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E. D.

  28. Set for hearing April 17.

  29. Referred to Com. on B., P. & E. D.

  30. From printer. May be acted upon on or after March 4.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB285 Allen Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 7000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

SB 285 Allen Senate Third Reading By McCarty

Passed 71 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 40106
Republican 12001
Unaffiliated 19000
Total 71107
% of votes cast 90%1%0%9%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Not Voting
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Nay
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9000
Republican 3000
Unaffiliated 2001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Villapudua — Not Voting
Jim Patterson — Yea
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea

Official roll call →

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

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Republican 2000
Democratic 4000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

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

Passed 15 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 10101
Unaffiliated 2000
Republican 3101
Total 15202
% of votes cast 79%11%0%11%
How each member voted (19)
Member Party Vote
Ting — Yea
McCarty — Yea
Alvarez, David Democratic Yea
Bains, Jasmeet Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Nguyen, Stephanie Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Patterson, Joe Republican Yea

Official roll call →

3rd Reading

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 18103
Republican 4201
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Dodd — Yea
Bradford — Yea
Skinner — Yea
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Not Voting
Smallwood-Cuevas, Lola Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

Do pass

Passed 12 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 5100
Unaffiliated 5000
Republican 2000
Total 12100
% of votes cast 92%8%0%0%
How each member voted (13)
Member Party Vote
Eggman — Yea
Dodd — Yea
Glazer — Yea
Wilk — Yea
Roth — Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Nguyen, Stephanie Democratic Nay
Smallwood-Cuevas, Lola Democratic Yea
Wahab, Aisha Democratic Yea
Alvarado-Gil, Marie Republican Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 285 do?
Prior law, in effect until January 1, 2020, required a sentencing court to impose an additional one-year term for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony, as specified. Prior law, in effect until January 1, 2018, also required a sentencing court to impose on a defendant convicted of specified crimes relating to controlled substances, an additional 3-year term for each prior conviction of specified controlled substances crimes. Existing law limits the imposition of these sentencing enhancements to certain specified circumstances. Existing law invalidates any enhancement imposed pursuant to one of these prior provisions and requires the sentencing court, upon receipt of notice and verification of specified information, to recall the sentence and resentence the person to remove any invalid sentence enhancements. This bill would, commencing January 1, 2025, make an individual sentenced to death or a term of life without the possibility of parole, who has been convicted of a sexually violent offense, and who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court, as specified, ineligible for recall and resentencing under these provisions.
Who sponsors SB 285?
SB 285 is sponsored by Allen, Benjamin (Democratic).
What is the current status of SB 285?
This bill has been enacted into law. Introduced February 01, 2023. Enacted.
Where can I track SB 285?
Track SB 285 free on One Click Politics — get push/email alerts when it moves.

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