María Elena Durazo
- Democratic
- Senator
- District 26
Author
Under existing law, murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law authorizes a judge to, in furtherance of justice, order an action to be dismissed. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would amend Proposition 115 by repealing the provision prohibiting a judge from striking a special circumstance. The bill would also authorize a judge, on the judge's own motion, upon the application of either party, or upon an application of a person who has been incarcerated 15 years or longer, and in the furtherance of justice, to order the dismissal of a special circumstance finding or admission in cases in which the sentence is life imprisonment without the possibility of parole and in which the person was 25 years of age or younger at the time of the offense that was the basis of the special circumstance finding or admission, as specified. The bill would require a judge, when exercising this discretion, to consider and put great weight on specified factors. The bill would prohibit the court from striking or dismissing a special circumstance if it would result in a sentence that does not require a determination that the person does not pose an unreasonable risk to public safety by the Board of Parole Hearings prior to release and the court finds by a preponderance of the evidence that the person would pose an immediate threat to public safety. The bill would require the court, upon dismissal of a special circumstance, to offer the survivor or survivors and surviving family members information about services to address their needs as related to the crime and case process, as specified. This bill would state that its provisions are severable.
Died on file pursuant to Joint Rule 56.
Ordered to inactive file on request of Senator Durazo.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1193.) (May 20).
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 941.) (April 27). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing April 27.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB481 | HTML |
| 02/17/21 - Introduced | |
| 03/10/21 - Amended Senate | |
| 04/19/21 - Amended Senate | |
| 05/20/21 - Amended Senate |
| Document | Format |
|---|---|
| 04/25/21- Senate Public Safety | |
| 05/07/21- Senate Appropriations | |
| 05/20/21- Senate Appropriations | |
| 05/25/21- Sen. Floor Analyses |
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