Loading chat...

CA SB1202

Bill

Status

Failed

11/30/2016

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Requires courts to impose the middle term of a three-term sentence unless aggravating or mitigating circumstances exist, effective January 1, 2017.

  • Prohibits courts from imposing upper sentences based on aggravating facts unless those facts are presented to and found true by a jury or admitted by the defendant.

  • Requires courts to specify on the record the specific facts in aggravation relied upon to impose an upper term.

  • Mandates bifurcation of trials for facts pleaded in aggravation of sentence, keeping juries uninformed of aggravating allegations during the first phase unless relevant to the criminal charge itself.

  • Clarifies that facts pleaded in aggravation cannot be used as aggravating factors unless proven to the trier of fact or admitted by the defendant, with an exception for prior convictions in jury trials.

Legislative Description

Sentencing.

Last Action

From Assembly without further action.

11/30/2016

Committee Referrals

Appropriations6/28/2016
Public Safety6/13/2016
Appropriations4/13/2016
Public Safety3/3/2016
Rules2/18/2016

Full Bill Text

No bill text available