Bill Text: CA ACA15 | 2011-2012 | Regular Session | Introduced

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Bill Title: Governor: pardons and commutations.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Introduced - Dead) 2011-04-14 - Referred to Com. on PUB. S. [ACA15 Detail]

Download: California-2011-ACA15-Introduced.html

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BILL NUMBER: ACA 15	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mansoor
   (Coauthors: Assembly Members Achadjian, Bill Berryhill, Cook,
Donnelly, Grove, Hagman, Harkey, Jeffries, Jones, Knight, Miller,
Morrell, Nestande, Nielsen, Olsen, Smyth, Valadao, and Wagner)

                        JANUARY 27, 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 15, as introduced, Mansoor. 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 require the Governor, at least 30 days prior to
granting a pardon or commutation, to provide written notice of the
pardon or commutation to the agency that prosecuted the case in which
the person was convicted, and to each victim of the crime or crimes
for which that person was convicted. 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 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) At least 30 days prior to granting a pardon or
commutation, the Governor shall provide written notice of the pardon
or commutation to the agency that prosecuted the case in which the
person was convicted and to each victim, as defined in subdivision
(e) of Section 28 of Article I, of the crime or crimes for which the
person was convicted. Any 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.