California Bills 2003/2004



 
 

Capital Punishment

AB 874 (Mark Wyland, R., Del Mar) adds to the list of death eligible “special circumstances” murders where the victim was protected under a restraining order. FCL OPPOSES. Held in Assembly Public Safety Committee.

AB 1440 (Guy Houston, R., Livermore) and SB 880 (Roy Ashburn, R., Bakersfield) create a new, death-eligible special circumstance when the defendantintentionally kills a victim who was under age 14. FCL OPPOSES. Failed passage in Assembly Public Safety and Senate Public Safety Committees, respectively.

ACA 8 (Bonnie Garcia, R., Cathedral City) amends the State Constitution to prohibit the governor from granting a pardon or commutation for the period beginning one month prior to gubernatorial election until the beginning of the next term for the office of governor. FCL OPPOSES. Failed passage in Assembly Public Safety Committee.

SB 3 (John Burton, D., San Francisco) conforms California law to the ruling by the U.S. Supreme Court that executing persons who are mentally retarded is unconstitutional and requires the prosecution to prove that a defendant is not mentally retarded. FCL SUPPORTS. Governor’s desk.

SB 51 (Bill Morrow, R., Oceanside) conforms California law to the ruling by the U.S. upreme Court that executing persons who are mentally retarded is unconstitutional and requires the places the burden of proof on the defense to prove that a defendant is mentally retarded and creates the rebuttable presumption that persons with an IQ over 70 are not mentally retarded. FCL OPPOSES. Failed passage in Senate Public Safety Committee.

 

 

Children and Youth

AB 490 (Darrell Steinberg, D., Sacramento) declares the Legislature's intent to ensure that pupils in foster care and those who are homeless have a meaningful opportunity to meet state academic achievement standards and requires school districts to accept for credit full or partial coursework satisfactorily completed. FCL SUPPORTS. Senate Floor.

AB 945 (Fabian Nunez, D., Los Angeles) provides that a minor may be detained in an adult correctional facility only if the court makes a written finding that detention in a juvenile facility would endanger the public or other minors in the juvenile facility. FCL SUPPORTS. Governor’s desk.

AB 993 (Mark Ridley-Thomas, D., Los Angeles) establishes the Youth Gang Violence Task Force to study gang-related homicides in California. FCL SUPPORTS. Held in Assembly Appropriations Committee.
 
 

Criminal Justice and Imprisonment

AB 112 (Jackie Goldberg, D., Los Angeles) would limit “three strikes” sentencing enhancements to serious and violent felonies and provides a procedure for those persons sentenced to indeterminate sentences to be re-sentenced. FCL SUPPORTS. Assembly Inactive File.

AB 168 AB 168 (Bill Maze, R., Visalia) establishes a pilot program for Tulare County to utilize its jail facilities to detain prisoners sentenced from other states. FCL OPPOSES. Failed passage in Assembly Public Safety Committee.

AB 230 (Mark Leno, D. San Francisco) authorizes the parole authority to invoke intermediate sanctions, including rehabilitative services, substance abuse treatment, counseling, and community service, against any parolee for nonviolent parole violations in lieu of revoking parole. FCL SUPPORTS. Assembly Public Safety Committee.

AB 280 (Abel Maldonado, R., Santa Maria) provides that prisoners who do not receive a parole date after their initial parole hearing would not be eligible for another parole review for five years. FCL OPPOSES. FCL OPPOSES. Failed passage in Assembly Public Safety Committee.

AB 289 (George Plescia, R., San Diego) and SB 38 (Jeff Denham, R., Salinas)would allow organ donors, when applying for a drivers license, to designate that their organs may not be donated to people who are incarcerated. FCL OPPOSES. Assembly Health Committee and Senate Health and Human Services Committee, respectively.

AB 384 (Tim Leslie, R., Tahoe City) directs the Department of Corrections and the Youth Authority to adopt regulations prohibiting tobacco in correctional facilities. FCL OPPOSES. Failed passage in Assembly Public Safety Committee.

AB 912 (Sarah Reyes, D., Fresno) limits deductions to 20 percent of the balance from prisoners’ trust accounts for transfer to the Victim Compensation Restitution Fund. FCL SUPPORTS. Assembly Public Safety Committee.

AB 1219 (Cindy Montanez, D., San Fernando) creates a statewide correctional education system and governing board to provide every inmate to provide every prisoner with access to educational and vocational programs. FCL SUPPORTS. Governor’s desk.

AB 1308 (Jackie Goldberg, D., Los Angeles) requires all local correctional facilities to develop plans to provide substance abuse and alcohol treatment for prisoners by January 1, 2007. FCL SUPPORTS. Senate Floor.

AB 1580 (Dave Cogdill, R., Modesto) and SB 731 (James Brulte, R., Rancho Cucamonga) prohibits prisoners incarcerated in local correctional facilities from receiving workers' compensation benefits upon release for injuries incurred in work assignments while incarcerated. FCL OPPOSES. Assembly Appropriations Committee and failed passage in Senate Labor and Industrial Relations Committee, respectively.

AB 1760 (Committee on Budget) reduces deductions from prisoners’ trust accounts from 50 percent to 30 percent of the balance for transfer to the Victims’ Compensation Restitution Fund. FCL SUPPORTS. Senate Floor.

SB 206 (James Brulte, R., Rancho Cucamonga) establishes a pilot program at Pelican Bay State Prison to replace quarterly packages with an expanded canteen. FCL OPPOSES. Failed passage in Senate Public Safety Committee.

SB 299 (Pete Knight, R., Palmdale) would prohibit prisoners condemned to death from receiving donated organs. FCL OPPOSES. Failed passage in Senate Public Safety Committee.

SB 549 (John Vasconcellos, D., Santa Clara) requires the Department of Corrections to establish a skilled nursing community correctional facility for prisoners requiring skilled nursing services.FCL SUPPORTS. Assembly Floor.

SB 587 (Roy Ashburn, R., Bakersfield) makes satisfactory participation in work release programs applicable to sentence reductions for prisoners in county correctional facilities. FCL SUPPORTS. Senate Public Safety Committee.

SCA 8 (John Vasconcellos, D., Santa Clara) requires the Director of Corrections to evaluate each person incarcerated in the state prison, within 90 days of entry, with respect to his or her educational, vocational, and psychosocial development and requires programs that address each prisoner’s deficiencies. FCL SUPPORTS. Senate Appropriations Committee.


Three Strikes Legal - Index