Mariko Yamada
- Democratic
Author
Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally specify that the appropriate term rests within the sound discretion of the court. Existing law repeals the provision giving the court this discretionary authority on January 1, 2011, and on that date, makes operative alternate provisions that require the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime. This bill would extend to January 1, 2012, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes. This bill would incorporate amendments to Section 1170 of the Penal Code proposed by SB 399, contingent on the prior enactment of that bill. This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, statewide primary election that provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house, and therefore requires a 23 vote.
Chaptered by Secretary of State - Chapter 256, Statutes of 2010.
Approved by the Governor.
Enrolled and to the Governor at 4 p.m.
Assembly Rule 77 suspended. (Page 6707.)
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6754.)
Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 4860.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
Received August 13 pursuant to JR 61(b)(14).
From committee: Do pass. (Ayes 11. Noes 0.) (August 12).
In committee: Placed on APPR suspense file.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 22).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 5410.)
From committee: Do pass. (Ayes 17. Noes 0.) (May 28).
Read second time. To third reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 13).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2263 | HTML |
| 02/18/10 - Introduced | |
| 03/22/10 - Amended Assembly | |
| 08/20/10 - Amended Senate | |
| 09/03/10 - Enrolled | |
| 09/24/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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