BILL ANALYSIS
AB 2447
Page 1
ASSEMBLY THIRD READING
AB 2447 (Wright)
As Amended May 26, 2000
Majority vote
PUBLIC SAFETY 5-3 APPROPRIATIONS 11-6
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|Ayes:|Washington, Cedillo, |Ayes:|Migden, Aroner, Cedillo, |
| |Firebaugh, Keeley, Romero | |Corbett, Kuehl, Papan, |
| | | |Romero, Shelley, Wesson, |
| | | |Wiggins, Wright |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Maddox, Oller |Nays:|Campbell, Ackerman, |
| | | |Ashburn, Brewer, |
| | | |Maldonado, Zettel |
| | | | |
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SUMMARY : Imposes factors for the court to consider in
determining whether to strike a prior "serious" or "violent"
felony conviction for the purposes of the "Three Strikes" law.
Specifically, this bill :
1)Requires the court, in making the determination, to consider
both the constitutional rights of the defendant, and the
interests of society represented by the People.
2)Requires the court to consider the nature and circumstances of
the defendant's present felonies and prior serious or violent
felony convictions, and the particulars of his or her
background, character or prospects.
3)Requires that the court give great weight in favor of striking
a prior conviction if the present felonies are not serious or
violent felonies as defined.
4)States that it is the intent of the Legislature that courts
continue to exercise their discretion in determining the
extent to which persons should be punished under the law, and
this bill shall not be construed to limit the current
discretion of the courts to strike prior convictions.
EXISTING LAW :
AB 2447
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1)Allows the court on it's own motion or upon application of the
prosecuting attorney, and in the furtherance of justice, order
that a prior conviction be dismissed, and the reasons for the
dismissal must be set forth in an order entered upon the
minutes.
2)Provides that if a defendant is convicted of a felony offense
and it is pled and proved that the defendant has previously
been convicted of two or more serious or violent offenses as
specified, the term for the current conviction is an
indeterminate term of life in prison with the minimum term
calculated as the greater of 25 years, three times the term
provided for each current felony conviction, or the
determinate term which would otherwise be imposed including
enhancements.
3)Provides that if a defendant is convicted of a felony offense
and it is pled and proved that the defendant has been
convicted of one prior serious or violent offense as defined,
the term of imprisonment is twice the term otherwise imposed
for the current offense.
4)Provides that affected defendants may not receive probation,
there is no limitation on the aggregate term, conduct credits
are limited to 20% of the term, and any additional convictions
must be sentenced consecutively.
5)Does not require that prior qualifying convictions arise in
separate cases, and "strike" convictions need not arise from
separate transactions that can otherwise not be separately
punished.
6)Provides that a juvenile adjudication of a minor 16 years of
age or older constitutes a prior "strike" if the offense
otherwise qualifies an adult strike, or would establish
presumptive unfitness for juvenile court, and the minor was
declared a ward of the court for the commission of the
offense.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, indeterminable state and local court and
incarceration savings, depending on whether this relatively
slight expansion of case law results in a significant number
prior convictions being struck. Current data suggest that the
fiscal effect of directing judges to do what they already may do
AB 2447
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will not be significant, as related court decisions have not
resulted in a dramatic change in judicial practice.
COMMENTS : According to the author, "The issue of three strikes
has unfortunately become dominated by political posturing rather
than factual analysis. Numerous independent studies of the
impact of three strikes have raised serious questions about its
role as the prime factor for the reduction in crime. AB 2447
does not detract from the original intent or the main impact of
the three strikes law, and it still allows us to get serious and
violent offenders off the street."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0005175