BILL ANALYSIS                                                                                                                                                                                                    







             SENATE COMMITTEE ON Public Safety
                   Senator John Vasconcellos, Chair   S
                      1999-2000 Regular Session       B

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SB 79 (Hayden)                                        
As Introduced December 7, 1998
Hearing on Proposed Senate Floor Amendments (Senate Rule  
29.10)
Hearing date: June 22, 1999
Penal Code
JM:jm

           TASK FORCE TO REVIEW "THREE STRIKES" LAW

                          HISTORY  


Source:Author

Prior Legislation: SB 2048 (Vasconcellos), 1998 - vetoed by  
Governor (as a study bill)
             SB 873 (Vasconcellos) - currently in Assembly

Support: Unknown

Opposition:None known

NOTE: SENATE RULE 29.10 PROVIDES THAT UPON RECEIPT OF FLOOR  
AMENDMENTS THAT REWRITE A BILL, A COMMITTEE BY A MAJORITY  
VOTE OF THE MEMBERSHIP MAY DO ANY OF THE FOLLOWING:  (1)  
HOLD THE AMENDMENTS,  (2) RETURN THE AMENDMENTS TO THE  
SENATE FLOOR FOR CONSIDERATION, OR  (3) RETURN AMENDMENTS  
AS APPROVED BY THE COMMITTEE TO THE SENATE FLOOR.



                                    KEY ISSUE




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                                              SB 79 (Hayden)
                                                      Page 2



  SHOULD THE CONTENTS OF SB 79, WHICH AS PRESENTLY DRAFTED   
ALLOWS A LIFE TERM UNDER THE "THREE STRIKES" LAW ONLY FOR A  
DEFENDANT CURRENTLY CONVICTED OF A SERIOUS OR VIOLENT  
FELONY, BE DELETED AND, INSTEAD, SHOULD THE BILL CREATE A  
TASK FORCE TO STUDY THE "THREE STRIKES" LAW?


FOLLOWING IS THE SENATE FLOOR ANALYSIS OF THE PROPOSED  
AMENDMENTS:

         SENATE FLOOR AMENDMENTS COMMITTEE ANALYSIS
__________________________________________________________

Bill No:    79
Author:     Hayden
RN:         9914954
Set:        1
Submitted by:Author
  

SUBJECT OF BILL  :   "Three Strikes" law

  Subject of Amendments  :   The amendments create a task force  
to review the "Three Strikes" law and report its finding to  
the Legislature by July 1, 2000.  The task force would be  
drawn from "Three Strikes" proponents, opponents and other  
interested parties.

Amendments are:   Technical / Substantive /  Re-write Bill  /  
New Bill

Were these amendments discussed in committee?   No.

Likely opposition to amendments?   Unknown.

  Purpose of Amendments:   These amendments delete all of the  
current provisions of SB 79 - provisions that would allow a  
life sentence under the "Three Strikes" law only for a  
defendant convicted of a serious/violent felony.  The  




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                                              SB 79 (Hayden)
                                                      Page 3


amendments instead create a task force to assess the "Three  
Strikes" law and recommend any changes necessary to fairly  
and efficiently protect public safety.  The task force  
would report to the Legislature by July 1, 2000.








































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                                              SB 79 (Hayden)
                                                      Page 4



The members of the task force would be composed of  
appointees of the Governor (3 members), the Attorney  
General (2 members), the Senate Rules Committee (10  
members), the Assembly Speaker (10 members) The Senate  
Rules Committee and the Assembly Speaker would each appoint  
a co-chair of the task force.  The amendments direct the  
appointing parties to select members of the task force who  
represent "a full and fair" cross-section of views on the  
"Three Strikes" law. 

  ANALYSIS  :   Unlike the current version of SB 79, which  
limits life terms under the "Three Strikes" law to those  
convicted of current serious or violent offenses, the  
amendments would not change the "strikes" law.  Rather, the  
amendments require a far-ranging review of the law by  
"persons with different points of view," including  
proponents, opponents and neutral parties. The task force  
would then report its findings to the Legislature and  
recommend "any changes that may be required to serve [the  
'Three Strikes' law's] public safety purposes in a fair and  
efficient manner." The amendments state that the purpose of  
"Three Strikes" law is to increase "sentences for chronic,  
repeat violent offenders." 

  Related Measure:   SB 873 (Vasconcellos) would require a  
study of the "Three Strikes" law by the Legislative  
Analyst.

By:         Jerome McGuire, Senate Public Safety Committee
Date:       June 10, 1999


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