BILL NUMBER: SB 79	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   JULY 8, 1999

INTRODUCED BY   Senator Hayden

                        DECEMBER 7, 1998

   An act to add Title 9 (commencing with Section 14090) to Part 4 of
the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 79, as amended, Hayden.  Sentencing:  prior convictions.
   Existing law, amended by initiative statutes, commonly known as
the Three Strikes Law, specifies the punishment for persons who are
convicted of a felony who have 2 or more prior violent or serious
felony convictions.  The initiative statutes provide that any
amendment of their provisions by the Legislature shall require a 2/3
vote of the membership of each house.
   This bill would establish a task force to review and assess the
Three Strikes Law and recommend any changes that may be required to
serve its public safety purposes in a fair and efficient manner.  The
task force would be comprised of  25   11 
members representing specified groups including proponents of that
law, law enforcement, correctional personnel, victims rights
advocates, academic experts, prosecutors, defense attorneys, judges,
and representatives of the families of inmates sentenced under the
Three Strikes Law.  The members would be appointed as specified by
the Governor, the Attorney General, the Senate Rules Committee, and
the Speaker of the Assembly. The task force would convene public
meetings, take testimony, and prepare a report of its findings and
recommendations and submit that report to the Legislature no later
than July 1, 2000.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Title 9 (commencing with Section 14090) is added to
Part 4 of the Penal Code, to read:

      TITLE 9.  TASK FORCE TO STUDY THE THREE STRIKES LAW

   14090.  It is the intent of the Legislature to convene a task
force to review and assess the Three Strikes Law under Sections 667
and 1170.12, and recommend any changes that may be required to serve
its public safety purposes in a fair and efficient manner.
   14091.  The task force shall assess existing evidence concerning
the types of offenses committed by individuals convicted under the
Three Strikes Law, whether there are inequities that should be
addressed arising from the different offenses that receive the same
punishment, the costs of correctional resources devoted to offenders
sentenced under the Three Strikes Law, and whether there are reforms
of the Three Strikes Law that could improve the mission of increased
sentences for chronic, repeat violent offenders.
   14092.  (a) The task force shall be composed of no more than
 25   11  persons, representing a range of
individuals with different points of view, including persons who are
proponents of the Three Strikes Law, correctional personnel, victims
rights advocates, academic experts, prosecutors, defense attorneys,
judges, and representatives of the families of inmates who have been
sentenced pursuant to the Three Strikes Law.  The appointing parties
designated in subdivision (b)  ,  shall meet and
confer to ensure that the members of the task force constitute a full
and fair representation of all the groups specified in this
subdivision.  The appointing parties designated in subdivision
(b) shall also ensure that the appointees representing victims rights
advocates and families of inmates, as specified in subdivision (a),
have a proven history of advocacy with the Legislature and throughout
the state on behalf of their respective constituencies. 
   (b) The members of the task force shall be appointed as follows:
   (1) The Governor shall appoint  three members 
 six members, including the task force chairperson  .
   (2) The Attorney General shall appoint  two  
one  members.
   (3) The Senate Rules Committee shall appoint  10 
 two  members.
   (4) The Speaker of the Assembly shall appoint  10
  two  members.  
   (c) The Senate Rules Committee and the Speaker of the Assembly
shall appoint the cochairs of the task force. 
   14093.  (a) The duties of the task force shall be to convene
public meetings, take testimony as needed, seek consensus wherever
possible, and prepare a report of its findings and recommendations
and submit that report to the Legislature no later than July 1, 2000.

   (b) Upon release of the report required by subdivision (a), the
task force shall be terminated.
   14094.  The task force shall be staffed, to the extent feasible,
by legislative policy consultants to the public safety and judiciary
committees from both parties.