Bill Monning
- 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, 2017, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2017, 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, 2022, 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 additional changes to Section 1170 of the Penal Code, proposed by SB 1084 and AB 2590, that would become operative only if this bill and one or more of those other bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 887, Statutes of 2016.
Enrolled and presented to the Governor at 5 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5495.) Ordered to engrossing and enrolling.
Ordered to special consent calendar.
Read third time. Passed. (Ayes 78. Noes 0. Page 6058.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 20. Noes 0.) (August 11).
June 29 set for first hearing. Placed on APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 4041.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 1. Page 4001.) (May 27).
Set for hearing May 27.
April 25 hearing: Placed on APPR. suspense file.
Set for hearing April 25.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3521.) (April 12). Re-referred to Com. on APPR.
Set for hearing April 12.
From printer. May be acted upon on or after March 13.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1016 | HTML |
| 02/11/16 - Introduced | |
| 08/18/16 - Amended Assembly | |
| 09/02/16 - Enrolled | |
| 09/30/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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