Bill Emmerson
- Republican
Author
Existing law generally provides that nonviolent and nonserious felonies are punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, or, where the term is specified, for the term described in the underlying offense. Notwithstanding these provisions, existing law requires that a sentence be served in state prison if the defendant has a prior or current conviction for a serious or violent felony, has a prior felony conviction in another jurisdiction that has all of the elements of a serious or violent felony, is required to register as a sex offender, or has an aggravated white collar crime enhancement imposed as part of the sentence. This bill would specify that no further pleading or proof of an offense, prior conviction, enhancement, or requirement to register as a sex offender that makes a person ineligible to serve a term of imprisonment in a county jail pursuant to those provisions is required. The bill would also require that a person convicted of one or more felonies committed while the person is on mandatory supervision serve the remaining time on the mandatory supervision term, as well as the new term of imprisonment, in state prison. The bill would provide that any person sentenced to mandatory supervision upon suspension of execution of his or her county jail term, and his or her residence and possessions, would be subject to search or seizure at any time, with or without a warrant and with or without cause, by an agent of the supervising county agency or by a peace officer, as specified. Under the Postrelease Community Supervision Act of 2011, certain felons, upon release from prison, are subject to community supervision provided by a county agency designated by the county's board of supervisors, and requires the county agency to maintain postrelease supervision over the person until one of specified listed events occurs, including, but not limited to, if jurisdiction over the person has been terminated by operation of law. This bill would expand the list of events that terminates postrelease supervision to include termination of jurisdiction by a new term of imprisonment for 3 years or longer for a new criminal conviction. The bill would also specify that time during which a person on postrelease supervision is in custody for a custodial sanction of a postrelease supervision condition or a new criminal conviction shall not be credited toward a discretionary 6-month discharge or a mandatory 12-month discharge. Existing law provides for a sentence enhancement of an additional and consecutive term of imprisonment of 3, 4, or 5 years in a county jail for any person who is armed with a firearm in the commission of a violation or attempted violation of certain offenses relating to the sale, manufacture, or possession of controlled substances. This bill would provide for a sentence enhancement of an additional and consecutive term of imprisonment for 3, 4, or 5 years in state prison instead of a county jail.
From committee: Be re-referred to Com. on PUB. S. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on PUB. S.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.
Set, first hearing. Hearing canceled at the request of author.
Read third time. Passed. (Ayes 39. Noes 0. Page 1269.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 8. Noes 0. Page 1117.) (May 26).
Set for hearing May 26.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Placed on APPR. suspense file.
Set for hearing May 16.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 864.) (May 3). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
Set for hearing May 3.
From committee: Do pass and re-refer to Com. on T. & H. (Ayes 8. Noes 0. Page 644.) (April 12). Re-referred to Com. on T. & H.
Set for hearing April 12.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB443 | HTML |
| 02/16/11 - Introduced | |
| 03/24/11 - Amended Senate | |
| 04/26/11 - Amended Senate | |
| 05/17/11 - Amended Senate | |
| 05/31/11 - Amended Senate | |
| 06/15/12 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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