BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 426
                                                                  Page  1

          Date of Hearing:   May 16, 2007

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                   AB 426 (Galgiani) - As Amended:  April 26, 2007 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No
           
           SUMMARY 
          
          This bill adds solicitation of murder to the serious and violent  
          felonies list, and adds human trafficking to the list of serious  
          felonies for purposes of sentencing pursuant to the three  
          strikes law. 
           
          FISCAL EFFECT

           Unknown, potentially significant annual GF costs, in the range  
          of $700,000, for longer state prison terms, to the extent  
          additional offenders ultimately receive longer terms under three  
          strike sentencing provisions. 

          For example, based on the 14 persons committed to state prison  
          in 2005-06 for solicitation of murder, if this bill results in  
          one more offender annually receiving a three-strike life  
          sentence, and two offenders annually receiving a second-strike  
          double-the-base-term sentence, annual costs could exceed  
          $700,000 in about 10 years, when the longer terms would be in  
          effect. Costs increase annually as more life sentences are  
          added. (No one was committed to state prison in 2005-06 under  
          the human trafficking section, Penal Code Section 236.1.) 
           
          COMMENT

          1)Rationale.  Proponents contend that the omission of  
            solicitation of murder and human trafficking from the serious  
            felony list is an anomaly, and contrast these offenses with  
            existing serious offenses, such as burglary and various forms  
            of assault. The purpose of adding solicitation of murder to  
            the serious felony list is to enable prosecutors to seek  








                                                                  AB 426
                                                                  Page  2

            second and third-strike sentences. 

            For three strike purposes, adding an offense to the list of  
            serious and violent felonies means that if the defendant has  
            two prior serious or violent felonies and is charged with a  
            third felony, regardless of whether it is serious or violent,  
            the defendant receives a 25-years-to-life sentence. If the  
            defendant has one prior serious or violent felony, a second  
            serious or violent felony doubles the sentence for the current  
            offense. 

           2)Prior Legislation.  AB 677 (Parra), 2005-06, added solicitation  
            of murder to the definition of serious felony. AB 677 passed  
            off of this committee's Suspense File and was gutted and  
            amended in the Senate. 

            Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081