Roderick Wright
- 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 court shall impose the middle term of a triad of sentence enhancements unless there are circumstances in aggravation or mitigation of the crime. This bill would delete the requirement that the court impose the middle term, as specified, from those provisions and instead provide that the court, in its discretion, impose the enhancement that best serves the interests of justice. This bill would provide that these changes would be repealed on January 1, 2011. 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 171, Statutes of 2009.
Approved by Governor.
Enrolled. To Governor at 9 p.m.
In Senate. To enrollment.
Read third time. Passed. To Senate.
Read second time. To third reading.
(Received by Desk on August 28 pursuant to Joint Rule 61(a)(11).)
(Heard in committee on August 27.)
From committee: Do pass. (Ayes 17. Noes 0.)
Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.
(Heard in committee on June 23.)
To Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1187.) To Assembly.
To Special Consent Calendar.
Read second time. To third reading.
From committee: Do pass. (Ayes 12. Noes 0. Page 1068.)
(Suspense - for vote only.)
Set for hearing May 28.
Placed on APPR suspense file.
Set for hearing April 27.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 480.)
Set for hearing April 14.
To Com. on PUB. S.
From print. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB150 | HTML |
| 02/12/09 - Introduced | |
| 04/16/09 - Amended Senate | |
| 09/04/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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