BILL NUMBER: AB 648	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 6, 2011
	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Members Block and Fletcher

                        FEBRUARY 16, 2011

   An act to amend Sections 4801, 4802, 4803,  4806,  4807,
4810, 4812, and 4813 of, and to add Section 4805 to, the Penal Code,
relating to clemency.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 648, as amended, Block. Clemency.
    The California Constitution authorizes the Governor to grant
reprieves, pardons, or commutations after sentence has been entered,
but prohibits the Governor from granting a pardon or commutation to a
person twice convicted of a felony except on recommendation of the
Supreme Court, 4 judges concurring. The California Constitution
further requires the Governor to report to the Legislature each
reprieve, pardon, and commutation stating the pertinent facts and
reasons for granting it. Existing statutory law provides that at
least 10 days before the Governor acts upon an application for a
pardon, written notice of the intention to apply therefor, signed by
the person applying, shall be served upon the district attorney of
the county where the conviction was had, and proof, by affidavit, of
the service is required to be presented to the Governor.
   This bill would require that,  except when there is imminent
danger of the death of a person convicted or imprisoned, or when the
term of imprisonment of the applicant is within 10 days of its
expiration,  at least 10 days before the Governor acts upon any
application for a commutation, the application signed by the person
applying be served upon the district attorney of the county where the
conviction was had. The bill would authorize the district attorney
to submit a written recommendation to the Governor for or against
commutation of sentence. The bill would further require the district
attorney to make reasonable efforts to notify the victim or victims
of the crime or crimes related to the application for commutation of
sentence and those persons' family members, and allow those persons
to submit a recommendation to the Governor for or against commutation
of sentence. By imposing additional duties on the district attorney,
this bill would create a state-mandated local program.
   Existing law requires the Governor, at the beginning of every
session of the Legislature, to communicate to the Legislature, in
addition to each case of reprieve or pardon, each commutation and
include specified information in that communication.
   This bill would instead require the Governor, at the beginning of
every regular session of the Legislature, to file a written report
with the Legislature that includes each application that was granted
for each reprieve, pardon, or commutation by the Governor, or his or
her predecessor in office, during the previous regular session of the
Legislature, as specified, and require that the report be made
available to the public. The bill would make other conforming
changes.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4801 of the Penal Code is amended to read:
   4801.  (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where it appears the criminal
behavior was the result of that victimization.
   (b) (1) The Board of Parole Hearings, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall consider any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of the offense prior to the enactment of Section 1107
of the Evidence Code by Chapter 812 of the Statutes of 1991. The
board shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for the
parole decision. The board shall annually report to the Legislature
and the Governor on the cases the board considered pursuant to this
subdivision during the previous year, including the board's decision
and the findings of its investigations of these cases.
   (2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code.
  SEC. 2.  Section 4802 of the Penal Code is amended to read:
   4802.  In the case of a person twice convicted of felony, the
application for pardon or commutation of sentence shall be made
directly to the Governor, who shall transmit all papers and documents
relied upon in support of and in opposition to the application to
the Board of Parole Hearings.
  SEC. 3.  Section 4803 of the Penal Code is amended to read:
   4803.  When an application is made to the Governor for pardon or
commutation of sentence, or when an application has been referred to
the Board of Parole Hearings, the Governor or the board may require
the judge of the court before which the conviction was had, or the
district attorney by whom the action was prosecuted, to furnish the
Governor or the board, without delay, with a summarized statement of
the facts proved on the trial, and of any other facts having
reference to the propriety of granting or refusing said application,
together with his or her recommendation for or against the granting
of the same and his or her reason for such recommendation.
  SEC. 4.  Section 4805 is added to the Penal Code, to read:
   4805.  (a) At least 10 days before the Governor acts upon an
application for a commutation of sentence, written notice of the
intention to apply therefor, signed by the person applying, shall be
served upon the district attorney of the county where the conviction
was had, and proof, by affidavit, of the service shall be presented
to the Governor.
   (b) The district attorney may submit a written recommendation to
the Governor for or against commutation of sentence.
   (c) The district attorney shall make reasonable efforts to notify
the victim or victims of the crime or crimes related to the
application and the victims' families who may also submit a
recommendation to the Governor for or against commutation of
sentence.
   SEC. 5.    Section 4806 of the   Penal Code
  is amended to read: 
   4806.  The provisions of  Section   Sections
 4804  and 4805 are not applicable: 
   1. 
    (a)  When there is imminent danger of the death of the
person convicted or imprisoned  ;   . 

   2. 
    (b)  When the term of imprisonment of the applicant is
within 10 days of its expiration.
   SEC. 5.   SEC. 6.   Section 4807 of the
Penal Code is amended to read:
   4807.  (a) At the beginning of every regular session of the
Legislature, the Governor shall file a written report with the
Legislature, that shall include each application that was granted for
each case of reprieve, pardon, or commutation by the Governor, or
his or her predecessor in office, during the immediately preceding
regular session of the Legislature, stating the name of the person
convicted, the crime of which the person was convicted, the sentence
and its date, the date of the reprieve, pardon, or commutation and
the reason for granting the same. The report shall be submitted in
compliance with Section 9795 of the Government Code.
   (b) Notwithstanding any other law, the written report filed with
the Legislature pursuant to subdivision (a) shall be available to the
public.
   SEC. 6.   SEC. 7.   Section 4810 of the
Penal Code is amended to read:
   4810.  (a) The Board of Parole Hearings shall succeed to and shall
exercise and perform all powers and duties granted to and imposed
upon the Advisory Pardon Board by law.
   (b) The Advisory Pardon Board is abolished.
   (c) The report required of the Board of Parole Hearings by Section
4814 may be included in the report of the department.
   SEC. 7.   SEC. 8.   Section 4812 of the
Penal Code is amended to read:
   4812.  Upon request of the Governor, the Board of Parole Hearings
shall investigate and report on all applications for reprieves,
pardons, and commutation of sentence and shall make such
recommendations to the Governor with reference thereto as to it may
seem advisable. To that end the board shall examine and consider all
applications so referred and all transcripts of judicial proceedings
and all affidavits or other documents submitted in connection
therewith, and shall have power to employ assistants and take
testimony and to examine witnesses under oath and to do any and all
things necessary to make a full and complete investigation of and
concerning all applications referred to it. Members of the board and
its administrative officer are, and each of them is, hereby
authorized to administer oaths.
   SEC. 8.   SEC. 9.   Section 4813 of the
Penal Code is amended to read:
   4813.  In the case of applications of persons twice convicted of a
felony, the Board of Parole Hearings, after investigation, shall
transmit its written recommendation upon such application to the
Governor, together with all papers filed in connection with the
application.
   SEC. 9.   SEC. 10.   If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.