SB 883 California Senate · 2023-2024 Regular Session

Public Safety Omnibus.

Summary
(1) Existing law requires the State Public Defender to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and submit a report with their findings and recommendations to the Legislature no later than January 1, 2024. This bill would instead make that report due January 1, 2025. (2) Existing law prohibits the crime of vehicular manslaughter, as defined. Existing law defines "gross negligence" for purposes of these provisions to include an exhibition of speed or participation in a sideshow, as defined. This bill would remove exhibition of speed from this definition and add engaging in a motor vehicle speed contest, as defined. By changing the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law requires law enforcement agencies to provide victims with specified information about victim's rights and resources. This bill would fix an erroneous cross-reference in these provisions. (4) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. This bill would fix an erroneous cross-reference in these provisions. (5) Existing law authorizes a defendant to demur on the accusatory pleading at any time prior to the entry of a plea, when, among other things, it appears on the face of the pleading that the facts stated do not constitute a public offense or the pleading contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution. This bill would additionally authorize a defendant to demur if the statutory provision alleged in the accusatory pleading is constitutionally invalid. (6) Under existing law, an incarcerated person who successfully participates as an incarcerated hand crew member in the California Conservation Camp program or in a county incarcerated hand crew, or participates at a Department of Corrections and Rehabilitation institutional firehouse is, upon release, eligible for record expungement, as specified. This bill would specify that participation in an institutional firehouse must also be successful, as specified, to be qualifying. The bill would make other nonsubstantive clarifying changes to this provision. (7) Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. This bill would correct erroneous cross-references in these provisions and make other technical corrections. (8) Existing law establishes the Board of Parole Hearings and authorizes the board to conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults, among other responsibilities. Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law authorizes an inmate to be returned to another county or city if it would be in the best interests of the public. Existing law requires the paroling authority, in making that decision, to consider specified factors, including, among others, the need to protect the life or safety of a victim, and the verified existence of a work offer or educational or vocational training program. Existing law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. Existing law requires the department to provide notice to specified persons when a person convicted of specified sex offenses or acts of domestic violence are scheduled to be released. This bill would amend these provisions to conform with current parole processes by removing references to the Board of Parole Hearings within these provisions. The bill would also remove outdated references to the Board of Prison Terms and make other technical, nonsubstantive changes to various provisions. (9) Existing law establishes the California Rehabilitation Oversight Board to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees operated by the Department of Corrections and Rehabilitation. Existing law requires the board to send a report to the Governor and the Legislature annually, on September 15, on, among other things, findings on the effectiveness of treatment efforts, rehabilitation needs of incarcerated persons, and gaps in rehabilitation services in the department. This bill would require that report to be sent annually on October 15 instead. (10) Existing law prohibits a person convicted of specified misdemeanors within the previous 10 years from possessing a firearm, as specified. This bill would remove an erroneous cross-reference to a felony offense in that provision. (11) Existing law prohibits the purchase or sale of a firearm precursor part, as specified. This bill would make a technical, nonsubstantive change to those provisions. (12) Existing law authorizes the Department of Motor Vehicles to issue a driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law, as specified. This bill would correct an erroneous cross-reference in those provisions. (13) Existing law authorizes the use of electronic monitoring in criminal court under a home detention program for inmates held in a county jail or other correctional facility or granted probation, or inmates participating in a work furlough program, under certain conditions, in lieu of confinement. Existing law, if electronic monitoring is imposed for a period of greater than 30 days, requires the court to hold a hearing every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time, as specified. This bill would require that hearing to occur at least once every 30 days. (14) Existing law prescribes the procedure for the voluntary admission into a psychiatric residential treatment facility for a minor or nonminor dependent ward of the court. This bill would make a nonsubstantive technical correction to those provisions. (15) Existing law requires each county that has received funds from the Mental Health Services Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. This bill would instead require each county that has received funds from the Mental Health Diversion Fund to submit an annual report detailing the use of those funds to the State Department of State Hospitals, as specified. (16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (17) This bill would provide that any act enacted by the Legislature during the 2023 calendar year, as specified, that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether the act is enacted before, or subsequent to, the enactment of this act.
Bill status signed all 5 stages cleared
Introduction
Mar 2023
Committee Review
Aug 2023
Senate Passage
May 2023
Assembly Passage
Aug 2023
Signed into Law
Oct 2023
Introduced Mar 7, 2023 Signed Oct 4, 2023
Floor votes · Senate May 18, 2023 · Assembly Aug 24, 2023

How they voted

38–0
Passed · 2 other
Total votes 40
May 18, 2023
D Democratic31
29 Yea 2
93% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
12
Committee
7
Amendments
5
Oct 4, 2023
Signed into law
Approved by the Governor.
legislature
Sep 1, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2241.) Ordered to engrossing and enrolling.
upper
Aug 24, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 24, 2023
Lower · Passed
Read third time. Passed. (Ayes 72. Noes 0. Page 2803.) Ordered to the Senate.
lower
Aug 16, 2023
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).
lower
Jul 12, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (July 11). Re-referred to Com. on APPR.
lower
Jun 26, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
May 26, 2023
Committee
Referred to Com. on PUB. S.
lower
May 18, 2023
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1104.) Ordered to the Assembly.
upper
May 15, 2023
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
May 9, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
upper
May 3, 2023
Upper · Passed
May 8 hearing postponed by committee.
upper
Apr 26, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 902.) (April 25). Re-referred to Com. on APPR.
upper
Apr 18, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
upper
Mar 15, 2023
Committee
Referred to Com. on PUB S.
upper
Mar 7, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.