California 2023-2024 Regular Session Status: Enacted

SB 883 — Public Safety Omnibus.

Last action — Chaptered by Secretary of State. Chapter 311, Statutes of 2023.

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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 March 07, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 04, 2023.

Prognosis

Likely to advance 70% · 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.

  • 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

(1) Existing law requires the State Public Defender to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and submit a report with their findings and recommendations to the Legislature no later than January 1, 2024. This bill would instead make that report due January 1, 2025. (2) Existing law prohibits the crime of vehicular manslaughter, as defined. Existing law defines "gross negligence" for purposes of these provisions to include an exhibition of speed or participation in a sideshow, as defined. This bill would remove exhibition of speed from this definition and add engaging in a motor vehicle speed contest, as defined. By changing the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law requires law enforcement agencies to provide victims with specified information about victim's rights and resources. This bill would fix an erroneous cross-reference in these provisions. (4) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. This bill would fix an erroneous cross-reference in these provisions. (5) Existing law authorizes a defendant to demur on the accusatory pleading at any time prior to the entry of a plea, when, among other things, it appears on the face of the pleading that the facts stated do not constitute a public offense or the pleading contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution. This bill would additionally authorize a defendant to demur if the statutory provision alleged in the accusatory pleading is constitutionally invalid. (6) Under existing law, an incarcerated person who successfully participates as an incarcerated hand crew member in the California Conservation Camp program or in a county incarcerated hand crew, or participates at a Department of Corrections and Rehabilitation institutional firehouse is, upon release, eligible for record expungement, as specified. This bill would specify that participation in an institutional firehouse must also be successful, as specified, to be qualifying. The bill would make other nonsubstantive clarifying changes to this provision. (7) Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. This bill would correct erroneous cross-references in these provisions and make other technical corrections. (8) Existing law establishes the Board of Parole Hearings and authorizes the board to conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults, among other responsibilities. Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law authorizes an inmate to be returned to another county or city if it would be in the best interests of the public. Existing law requires the paroling authority, in making that decision, to consider specified factors, including, among others, the need to protect the life or safety of a victim, and the verified existence of a work offer or educational or vocational training program. Existing law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. Existing law requires the department to provide notice to specified persons when a person convicted of specified sex offenses or acts of domestic violence are scheduled to be released. This bill would amend these provisions to conform with current parole processes by removing references to the Board of Parole Hearings within these provisions. The bill would also remove outdated references to the Board of Prison Terms and make other technical, nonsubstantive changes to various provisions. (9) Existing law establishes the California Rehabilitation Oversight Board to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees operated by the Department of Corrections and Rehabilitation. Existing law requires the board to send a report to the Governor and the Legislature annually, on September 15, on, among other things, findings on the effectiveness of treatment efforts, rehabilitation needs of incarcerated persons, and gaps in rehabilitation services in the department. This bill would require that report to be sent annually on October 15 instead. (10) Existing law prohibits a person convicted of specified misdemeanors within the previous 10 years from possessing a firearm, as specified. This bill would remove an erroneous cross-reference to a felony offense in that provision. (11) Existing law prohibits the purchase or sale of a firearm precursor part, as specified. This bill would make a technical, nonsubstantive change to those provisions. (12) Existing law authorizes the Department of Motor Vehicles to issue a driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law, as specified. This bill would correct an erroneous cross-reference in those provisions. (13) Existing law authorizes the use of electronic monitoring in criminal court under a home detention program for inmates held in a county jail or other correctional facility or granted probation, or inmates participating in a work furlough program, under certain conditions, in lieu of confinement. Existing law, if electronic monitoring is imposed for a period of greater than 30 days, requires the court to hold a hearing every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time, as specified. This bill would require that hearing to occur at least once every 30 days. (14) Existing law prescribes the procedure for the voluntary admission into a psychiatric residential treatment facility for a minor or nonminor dependent ward of the court. This bill would make a nonsubstantive technical correction to those provisions. (15) Existing law requires each county that has received funds from the Mental Health Services Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. This bill would instead require each county that has received funds from the Mental Health Diversion Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. (16) 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 no reimbursement is required by this act for a specified reason. (17) This bill would provide that any act enacted by the Legislature during the 2023 calendar year, as specified, that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether the act is enacted before, or subsequent to, the enactment of this act.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 311, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2241.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 72. Noes 0. Page 2803.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).

  10. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (July 11). Re-referred to Com. on APPR.

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

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. (Ayes 38. Noes 0. Page 1104.) Ordered to the Assembly.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

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

  18. Set for hearing May 15.

  19. May 8 hearing postponed by committee.

  20. Set for hearing May 8.

  21. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 902.) (April 25). Re-referred to Com. on APPR.

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

  23. Set for hearing April 25.

  24. Referred to Com. on PUB S.

  25. From printer. May be acted upon on or after April 7.

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

Sponsors

  • Committee on Public Safety · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Public Safety

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

Special Consent SB883 PUB. S.

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 19003
Republican 7000
Total 37003
% of votes cast 93%0%0%8%
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 Not Voting
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 Not Voting
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 Yea
Stern, Henry I. Democratic Not Voting
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 →

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 44003
Republican 12001
Unaffiliated 16004
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Villapudua — Yea
Ting — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Maienschein — Not Voting
Jones-Sawyer — Not Voting
Rodriguez — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — 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 Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
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 Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
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 Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
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 Yea
Gallagher, James Republican Not Voting
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 →

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Republican 3000
Unaffiliated 3000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Not Voting
Soria, Esmeralda Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Yea
Santiago — Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Ortega, Liz Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 21001
Republican 7000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Bradford — Yea
Skinner — Yea
Dodd — Not Voting
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 Not Voting
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 Yea
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 →

Subjects

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Frequently asked questions

What does SB 883 do?
(1) Existing law requires the State Public Defender to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and submit a report with their findings and recommendations to the Legislature no later than January 1, 2024. This bill would instead make that report due January 1, 2025. (2) Existing law prohibits the crime of vehicular manslaughter, as defined. Existing law defines "gross negligence" for purposes of these provisions to include an exhibition of speed or participation in a sideshow, as defined. This bill would remove exhibition of speed from this definition and add engaging in a motor vehicle speed contest, as defined. By changing the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law requires law enforcement agencies to provide victims with specified information about victim's rights and resources. This bill would fix an erroneous cross-reference in these provisions. (4) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. This bill would fix an erroneous cross-reference in these provisions. (5) Existing law authorizes a defendant to demur on the accusatory pleading at any time prior to the entry of a plea, when, among other things, it appears on the face of the pleading that the facts stated do not constitute a public offense or the pleading contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution. This bill would additionally authorize a defendant to demur if the statutory provision alleged in the accusatory pleading is constitutionally invalid. (6) Under existing law, an incarcerated person who successfully participates as an incarcerated hand crew member in the California Conservation Camp program or in a county incarcerated hand crew, or participates at a Department of Corrections and Rehabilitation institutional firehouse is, upon release, eligible for record expungement, as specified. This bill would specify that participation in an institutional firehouse must also be successful, as specified, to be qualifying. The bill would make other nonsubstantive clarifying changes to this provision. (7) Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. This bill would correct erroneous cross-references in these provisions and make other technical corrections. (8) Existing law establishes the Board of Parole Hearings and authorizes the board to conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults, among other responsibilities. Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law authorizes an inmate to be returned to another county or city if it would be in the best interests of the public. Existing law requires the paroling authority, in making that decision, to consider specified factors, including, among others, the need to protect the life or safety of a victim, and the verified existence of a work offer or educational or vocational training program. Existing law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. Existing law requires the department to provide notice to specified persons when a person convicted of specified sex offenses or acts of domestic violence are scheduled to be released. This bill would amend these provisions to conform with current parole processes by removing references to the Board of Parole Hearings within these provisions. The bill would also remove outdated references to the Board of Prison Terms and make other technical, nonsubstantive changes to various provisions. (9) Existing law establishes the California Rehabilitation Oversight Board to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees operated by the Department of Corrections and Rehabilitation. Existing law requires the board to send a report to the Governor and the Legislature annually, on September 15, on, among other things, findings on the effectiveness of treatment efforts, rehabilitation needs of incarcerated persons, and gaps in rehabilitation services in the department. This bill would require that report to be sent annually on October 15 instead. (10) Existing law prohibits a person convicted of specified misdemeanors within the previous 10 years from possessing a firearm, as specified. This bill would remove an erroneous cross-reference to a felony offense in that provision. (11) Existing law prohibits the purchase or sale of a firearm precursor part, as specified. This bill would make a technical, nonsubstantive change to those provisions. (12) Existing law authorizes the Department of Motor Vehicles to issue a driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law, as specified. This bill would correct an erroneous cross-reference in those provisions. (13) Existing law authorizes the use of electronic monitoring in criminal court under a home detention program for inmates held in a county jail or other correctional facility or granted probation, or inmates participating in a work furlough program, under certain conditions, in lieu of confinement. Existing law, if electronic monitoring is imposed for a period of greater than 30 days, requires the court to hold a hearing every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time, as specified. This bill would require that hearing to occur at least once every 30 days. (14) Existing law prescribes the procedure for the voluntary admission into a psychiatric residential treatment facility for a minor or nonminor dependent ward of the court. This bill would make a nonsubstantive technical correction to those provisions. (15) Existing law requires each county that has received funds from the Mental Health Services Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. This bill would instead require each county that has received funds from the Mental Health Diversion Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. (16) 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 no reimbursement is required by this act for a specified reason. (17) This bill would provide that any act enacted by the Legislature during the 2023 calendar year, as specified, that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether the act is enacted before, or subsequent to, the enactment of this act.
Who sponsors SB 883?
SB 883 is sponsored by Committee on Public Safety.
What is the current status of SB 883?
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Where can I track SB 883?
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