SB 428, as introduced, Anderson. Capital crimes: expeditious imposition of sentence.
Existing law states that the Legislature finds that the sentence in all capital cases should be imposed expeditiously. Existing law generally requires that the opening appellate brief to the Supreme Court be filed no later than 7 months after certification of the trial record for completeness in all cases in which the sentence of death has been imposed. Existing law states that it is the Legislature’s goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of that briefing. Existing law states that the failure to comply with these time limits shall not be a ground for granting relief from a judgment of conviction or sentence of death.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 190.6 of the Penal Code is amended to
2read:
(a) The Legislature finds that the sentence in all capital
4cases should be imposed expeditiously.
P2 1(b) Therefore, in all cases in which a sentence of death has been
2imposed on or after January 1, 1997, the opening appellate brief
3in the appeal to the State Supreme Court shall be filed no later than
4seven months after the certification of the record for completeness
5under subdivision (d) of Section 190.8 or receipt by the appellant’s
6counsel of the completed record, whichever is later, except for
7good cause. However, in those cases where the trial transcript
8exceeds 10,000 pages, the briefing shall be completed within the
9time limits and pursuant to the procedures set by the rules of court
10adopted by the Judicial Council.
11(c) In all cases in which a sentence of death has been imposed
12on or after January 1, 1997, it is the Legislature’s goal that the
13appeal be decided and an opinion reaching the merits be filed
14within 210 days of the completion of the briefing. However, where
15the appeal and a petition for writ of habeas corpus is heard at the
16same time, the petition should be decided and an opinion reaching
17the merits should be filed within 210 days of the completion of
18the briefing for the petition.
19(d) The failure of the parties or the Supreme Court to meet or
20comply with the time limit provided by this sectionbegin delete shallend deletebegin insert isend insert notbegin delete beend delete
21 a
ground for granting relief from a judgment of conviction or
22sentence of death.
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