BILL NUMBER: SB 428	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 21, 2013

   An act to amend Section 190.6 of the Penal Code, relating to
capital crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 190.6 of the Penal Code is amended to read:
   190.6.  (a) The Legislature finds that the sentence in all capital
cases should be imposed expeditiously.
   (b) Therefore, in all cases in which a sentence of death has been
imposed on or after January 1, 1997, the opening appellate brief in
the appeal to the State Supreme Court shall be filed no later than
seven months after the certification of the record for completeness
under subdivision (d) of Section 190.8 or receipt by the appellant's
counsel of the completed record, whichever is later, except for good
cause. However, in those cases where the trial transcript exceeds
10,000 pages, the briefing shall be completed within the time limits
and pursuant to the procedures set by the rules of court adopted by
the Judicial Council.
   (c) In all cases in which a sentence of death has been imposed on
or after January 1, 1997, 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 the briefing. However, where the appeal
and a petition for writ of habeas corpus is heard at the same time,
the petition should be decided and an opinion reaching the merits
should be filed within 210 days of the completion of the briefing for
the petition.
   (d) The failure of the parties or the Supreme Court to meet or
comply with the time limit provided by this section  shall
  is  not  be  a ground for
granting relief from a judgment of conviction or sentence of death.