BILL ANALYSIS �
AB 648
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ASSEMBLY THIRD READING
AB 648 (Block and Fletcher)
As Amended April 6, 2011
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 14-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Fuentes, Harkey, |
| |Hill, Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Mitchell, |
| | | |Nielsen, Solorio |
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SUMMARY : Requires that at least 30 days before the Governor acts
upon any application for a commutation of sentence, the application
must be served upon the district attorney in the county where the
conviction was had. Specifically, this bill :
1)Requires that at least 30 days before the Governor acts upon any
application for a commutation of sentence, written notice of the
intention to apply therefor, signed by the person applying, shall
be upon the district attorney in the county where the conviction
was had, and proof, by affidavit, of the service shall be
presented to the Governor.
2)Provides that the district attorney may submit a written
recommendation to the Governor for or against commutation of
sentence.
3)Requires the district attorney to notify the victim or victims of
the crime or crimes related to the application and the victim's
families who may also submit a recommendation to the Governor for
or against commutation of sentence.
4)Recasts existing provision of law that require the Governor, at
the beginning of each legislative session to report to the
Legislature each case of reprieve, pardon, or commutation, stating
the name of the person convicted, the crime of which the person
was convicted, the sentence and its date, and the date of the
reprieve, pardon or commutation and the reason for granting the
same, and makes these reports available to the public.
AB 648
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EXISTING LAW :
1)Provides that subject to application procedures provided by
statute, the Governor, on conditions the Governor deems proper,
may grant a reprieve, pardon, and commutation, after sentence
except in cases of impeachment. The Governor shall report to the
Legislature each reprieve, pardon, and commutation granted,
stating the pertinent facts and the reason for granting it. The
Governor may not grant a pardon or commutation to a person twice
convicted of a felony except on recommendation of the Supreme
Court, four judges concurring.
2)Requires that at least 10 days before the Governor acts upon any
application for a pardon, written notice of the intention to apply
therefor, signed by the person applying, shall be upon the
district attorney in the county where the conviction was had, and
proof, by affidavit, of the service must be presented to the
Governor.
3)Provides that the Board of Prison Terms (BPT) may report to the
Governor from time to time, the names of all persons imprisoned in
any state prison, who in its judgment ought to have a commutation
of sentence, or be pardoned or 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.
4)States that in the case of a person twice convicted of a 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 BPT.
5)Provides that when an application is made to the Governor for
pardon or commutation of sentence, or when an application is
forwarded to the BPT, he or she 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 him or it, 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
recommendations for or against his granting of the same and his
reason for such recommendation.
AB 648
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FISCAL EFFECT : According to the Assembly Appropriations Committee:
1)Minor state-reimbursable costs to district attorneys to notify
victims and families of potential pardons or commutation. Only 14
commutations have been granted over the past 30 years.
2)Negligible costs to the Governor's Office to make a written report
available to the public every two years regarding pardons and
commutations.
COMMENTS : According to the author, "The California Constitution
grants the Governor broad authority to grant reprieves, pardons, or
commutations subject to statutory procedures. This long-standing
authority to perform acts of clemency is a constitutional
prerogative that provides important checks and balances. However,
current statutory law governing procedures does not provide for
notice to district attorneys or victims or an opportunity to be
heard during the consideration of an application for commutation.
"AB 648 would remedy that omission by requiring the applicant of a
pardon or commutation request to notify the district attorney of the
county where the conviction occurred 30 days before the Governor
acts. The district attorney would then notify the victim and their
family. Both parties would have an opportunity to submit a written
recommendation for or against the commutation request to the
Governor. Under current law district attorneys are notified of a
pardon request by the applicant only 10 days prior to a decision.
"The measure also strengthens transparency and oversight of the
process by requiring the Governor to submit a report to the
Legislature each year in writing on the pardon, reprieve and
commutation requests received that were granted. AB 648 also
requires inclusion of the application request. The report and
applications will be available to the public as well."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0000277
AB 648
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