Amended in Senate April 13, 2015

Senate Bill No. 132

Introduced by Senator Anderson

January 22, 2015

An act to amend Section begin delete 1202.7 end delete begin insert 1193 end insert of the Penal Code, relating to begin delete probation. end delete begin insert judgments. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 132, as amended, Anderson. begin delete Probation services. end delete begin insert Judgments: required attendance. end insert

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Existing law requires that judgment upon a person convicted of a felony be pronounced in the personal presence of the defendant unless the defendant requests that judgment be pronounced in his or her absence, as specified, or unless, after the exercise of reasonable diligence to procure the defendant, the court finds that it is in the interest of justice that the judgment be pronounced in his or her absence.

end insert begin insert

This bill would instead require a person convicted of a felony to be present when judgment is pronounced against him or her without exception.

end insert begin delete

Existing law makes specified findings relating to the provision of probation services, including the primary considerations in the granting of probation.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1193 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1193.  

Judgment upon persons convicted of commission of
crime shall be pronounced as follows:

(a) If the conviction is for a felony, the defendant shall be
personally present when judgment is pronounced against him or
begin delete her, unless the defendant, in open court and on the record, or in a
notarized writing, requests that judgment be pronounced against
him or her in his or her absence, and that he or she be represented
by an attorney when judgment is pronounced, and the court
approves his or her absence during the pronouncement of judgment,
or unless, after the exercise of reasonable diligence to procure the
presence of the defendant, the court shall find that it will be in the
interest of justice that judgment be pronounced in his or her
absence; provided, that when any judgment imposing the death
penalty has been affirmed by the appellate court, sentence may be
reimposed upon the defendant in his or her absence by the court
from which the appeal was taken, and in the following manner:
upon receipt by the superior court from which the appeal is taken
of the certificate of the appellate court affirming the judgment, the
judge of the superior court shall forthwith make and cause to be
entered an order pronouncing sentence against the defendant, and
a warrant signed by the judge, and attested by the clerk under the
seal of the court, shall be drawn, and it shall state the conviction
and judgment and appoint a day upon which the judgment shall
be executed, which shall not be less than 60 days nor more than
90 days from the time of making the order; and that, within five
days thereafter, a certified copy of the order, attested by the clerk
under the seal of the court, and attached to the warrant, shall, for
the purpose of execution, be transmitted by registered mail to the
warden of the state prison having the custody of the defendant and
certified copies thereof shall be transmitted by registered mail to
the Governor; and provided further, that when any judgment
imposing the death penalty has been affirmed and sentence has
been reimposed as above provided there shall be no appeal from
the order fixing the time for and directing the execution of the
judgment as herein provided. If a pro se defendant requests that
judgment in a noncapital case be pronounced against him or her
in his or her absence, the court shall appoint an attorney to
represent the defendant in the in absentia sentencing. end delete begin insert her. end insert

(b) If the conviction be of a misdemeanor, judgment may be
pronounced against the defendant in his absence.

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SECTION 1.  

Section 1202.7 of the Penal Code is amended to
read:

1202.7.  

(a) The Legislature finds and declares that the
provision of probation services is an essential element in the
administration of criminal justice.

(b) The primary considerations in the granting of probation shall
be the safety of the public, which shall be a primary goal through
the enforcement of court-ordered conditions of probation; the
nature of the offense; the interests of justice, including punishment,
reintegration of the offender into the community, and enforcement
of conditions of probation; the loss to the victim; and the needs of
the defendant.

(c) It is the intent of the Legislature that efforts be made to
engage in the treatment of persons who are subject to Section
290.011 and who are on probation.

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