Fran Pavley
- 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, operative until January 1, 2014, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2014, instead requires 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, 2017, 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 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 508, Statutes of 2013.
Approved by the Governor.
Enrolled and presented to the Governor at 1 p.m.
Read third time. Passed. (Ayes 78. Noes 0. Page 3170.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2380.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended. (Page 2946.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (August 30).
Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1157.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1014.) (May 23).
Set for hearing May 23.
Placed on APPR. suspense file.
Set for hearing April 15.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 390.) (April 2). Re-referred to Com. on APPR.
Set for hearing April 2.
From printer. May be acted upon on or after March 24.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB463 | HTML |
| 02/21/13 - Introduced | |
| 09/06/13 - Amended Assembly | |
| 09/17/13 - Enrolled | |
| 10/03/13 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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