BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2410|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2410
Author: Fuentes (D)
Amended: 6/25/12 in Senate
Vote: 21
SENATE ELECTIONS & CONSTITUT. AMEND. COMM. : 5-0, 6/19/12
AYES: Correa, La Malfa, Gaines, Lieu, Yee
ASSEMBLY FLOOR : 70-0, 5/17/12 - See last page for vote
SUBJECT : Elective office: felony conviction
SOURCE : Author
DIGEST : This bill prohibits a person from running for
elected office if that person has been convicted of a
felony involving certain factors in the last 20 years, as
specified.
ANALYSIS : Existing law and the California Constitution
provides that a person who is convicted of any of the
following crimes is disqualified from holding public office
in this state:
1. Giving or offering a bribe to procure personal
election or appointment.
2. Bribery, perjury, forgery, malfeasance in office, or
other high crimes.
CONTINUED
AB 2410
Page
2
3. As a public officer, for gratuity or reward,
appointing another person to public office, or
permitting another person to exercise or discharge the
duties of his or her office.
4. While a member of the Legislature, refusing to appear
before the Senate, Assembly, or any committee of the
Legislature after being summoned to testify, or while
appearing before the Senate, Assembly, or any
committee, refusing to be sworn or to answer any
material and proper question, or refusing to produce,
upon reasonable notice, any material and proper books,
papers, or documents in his or her possession and under
his or her control.
5. While an executive or ministerial officer, employee,
or appointee of the state, a county, a city, or another
political subdivision of the state, asking for,
receiving, or agreeing to receive any bribe to
influence any decision made by that person in his or
her official capacity.
6. While a member of the Legislature or of a legislative
body of a city, county, city and county, school
district, or other special district, committing any of
various crimes against the legislative power, including
bribery and logrolling.
7. While an officer, committing any of various bribery
and corruption crimes against the public justice,
including bribing or threatening judges or jurors.
8. Giving or offering a bribe to a member of a city
council or a board of supervisors to influence any
decision made by that member in his or her official
capacity.
9. While a public official, aiding the illegal casting
of a vote at an election or otherwise facilitating the
perpetration of election fraud.
10. While a public official, being financially interested
in a contract made in his or her official capacity, or
by any body or board of which he or she is a member.
AB 2410
Page
3
11. Giving or offering a bribe to any executive officer
in the state to influence any decision made by that
officer in his or her official capacity.
12. While an officer of the state or of any county, city,
town, or district of the state, or while otherwise
charged with the receipt, safekeeping, transfer, or
disbursement of public moneys, appropriating such
moneys for personal use, or refusing to pay any public
moneys as required by law.
13. Interfering with the work of prisoners employed at a
road camp, or giving or attempting to give such
prisoners any controlled substances, intoxicating
liquors, firearms, weapons, or explosives of any kind.
14. Interrupting the work of prisoners employed at a
public park or camp, or giving or attempting to give
such prisoners any controlled substances, intoxicating
liquors, firearms, weapons, or explosives of any kind.
This bill prohibits the consideration of a person as a
candidate for, and provides that the person is not eligible
to be elected to any state of local elective office in this
state for conviction of a felony, involving accepting or
giving, or offering to give, any bribe, the embezzlement of
public money, extortion or theft of public money, perjury,
or conspiracy to commit any of those crimes.
This bill provides that "conviction of a felony" includes a
conviction of a felony in this state and a conviction under
the laws of any other state, the United States, or any
foreign government or country of a crime that, if committed
in this state, would be a felony, and for which the person
has not received a pardon from the Governor of this state,
the governor or other officer authorized to grant pardons
in another state, the President of the United States, or
the officer of the foreign government or country authorized
to grant pardons in that foreign jurisdiction.
Background
In setting qualifications for federal office, the U.S.
AB 2410
Page
4
Constitution does not prohibit felons from holding elected
federal office. Additionally, the U.S. Constitution
provides that "�e]ach house may determine the rules of its
proceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a member."
According to a 2012 Congressional Research Report,
congressional practice provides that Members of Congress
may be removed from office before the expiration of their
constitutional terms by an "expulsion" from the Senate (if
a Senator) or from the House of Representatives (if a
Representative) upon formal vote on a resolution agreed to
by two-thirds of the membership of each body. While there
are no specific grounds for an expulsion expressed in the
U.S. Constitution, an expulsion is characterized as a
self-disciplinary action necessary to protect the integrity
of the institution and its proceedings. For example,
expulsion actions in both the House and the Senate
generally concern cases of perceived disloyalty to the U.S.
government, or the conviction of a criminal statutory
offense which involved the abuse of one's official
position. According to the report, although expulsion is
rare, there have been approximately five House Members
expelled, one occurring in the last decade. It should be
noted that many Members of Congress have chosen to resign
from office rather than face expulsion. Furthermore, the
report argues that "the apparent reticence of the Senate or
the House to expel a Member for past misconduct after the
Member has been duly elected or re-elected by the
electorate, with the knowledge of the Member's conduct,
appears to reflect in some part the deference traditionally
paid in our heritage to the popular will and election
choice of the people. In 1914, the Judiciary Committee of
the House detailed various policy considerations in
expulsions for past misconduct:
In the judgment of your committee, the power of the
House to expel or punish by censure a Member for
misconduct occurring before his election or in a
preceding or former Congress is sustained by the
practice of the House, sanctioned by reason and sound
policy and in extreme cases is absolutely essential to
enable the House to exclude from its deliberations and
councils notoriously corrupt men, who have
unexpectedly and suddenly dishonored themselves...
AB 2410
Page
5
Additionally, according to a U.S. Department of Justice
report entitled, "Civil Disabilities of Convicted Felons,"
there are various federal statutes which provide that a
conviction may result in loss of or ineligibility for
office. For example, federal statute provides that a
person convicted of treason is prohibited from holding any
office in the U.S.
Comments
According to the author's office, this bill would ban
ex-felons who were convicted of a felony that violates the
public trust. The intent of this bill is to create
accountability and ensure that those seeking to represent
Californians have proven to uphold the public's trust in
more ways than just serving time and probation.
Related Legislation
AB 309 (Cook), Chapter 543, Statutes of 2011, requires an
appointed or ex officio office to become vacant when the
incumbent is debarred, suspended, disqualified, or
otherwise excluded from participating in a covered
transaction, pursuant to federal law.
AB 2672 (Cook, 2010) was substantially similar to AB 309
and would have required an appointed individual who had
been debarred, suspended, disqualified, or otherwise
excluded from participating in federal "covered
transactions" pursuant to federal law to vacate that
office. AB 2672 was vetoed by Governor Schwarzenegger.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/22/12)
Los Angeles County District Attorney's Office
ASSEMBLY FLOOR : 70-0, 5/17/12
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
AB 2410
Page
6
Brownley, Buchanan, Butler, Campos, Carter, Chesbro,
Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer,
Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor,
Mendoza, Miller, Mitchell, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, V. Manuel P�rez, Portantino, Silva,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, John A. P�rez
NO VOTE RECORDED: Alejo, Charles Calderon, Cedillo,
Fletcher, Gorell, Bonnie Lowenthal, Monning, Perea,
Skinner, Yamada
DLW:nl 6/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****