Bill Text: CA ACA14 | 2011-2012 | Regular Session | Introduced

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Bill Title: Governor: pardons and commutations.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-04-14 - Referred to Com. on PUB. S. [ACA14 Detail]

Download: California-2011-ACA14-Introduced.html

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BILL NUMBER: ACA 14	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva
   (Coauthors: Assembly Members Cook, Hagman, Jeffries, and Wagner)
   (Coauthor: Senator Fuller)

                        JANUARY 26, 2011

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 8
of Article V thereof, relating to the Governor's powers.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 14, as introduced, Silva. Governor: pardons and commutations.
   The California Constitution authorizes the Governor to grant
pardons or commutations after sentence has been entered, but
prohibits the Governor from granting a pardon or commutation to a
person twice convicted of a felony except on recommendation of the
Supreme Court, 4 judges concurring.
   This measure would further prohibit the Governor from granting a
pardon or commutation during the 30-day period immediately preceding
the end of his or her term of office. The measure would provide that
any pardon or commutation issued in violation of these provisions is
void.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Section 8 of Article V thereof is amended to read:
      SEC. 8.  (a) Subject to application procedures provided by
statute, the Governor, on conditions the Governor deems proper, may
grant a reprieve, pardon, and commutation, after sentence, except in
case of impeachment. The Governor shall report to the Legislature
each reprieve, pardon, and commutation granted, stating the pertinent
facts and the reasons for granting it. The Governor may not grant a
pardon or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court,  4  
four  judges concurring.
   (b) No decision of the parole authority of this State with respect
to the granting, denial, revocation, or suspension of parole of a
person sentenced to an indeterminate term upon conviction of murder
shall become effective for a period of 30 days, during which the
Governor may review the decision subject to procedures provided by
statute. The Governor may only affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
 which   that  the parole authority is
required to consider. The Governor shall report to the Legislature
each parole decision affirmed, modified, or reversed, stating the
pertinent facts and reasons for the action. 
   (c) (1) The Governor may not grant a pardon or commutation during
the 30-day period immediately preceding the end of his or her term of
office. A pardon or commutation issued in violation of this
subdivision is void.  
   (2) This subdivision does not limit the Governor's power to grant
a reprieve.