Bill Text: CA SB1267 | 2023-2024 | Regular Session | Amended
Bill Title: Crimes: notification of release.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-23 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 23). Re-referred to Com. on APPR. [SB1267 Detail]
Download: California-2023-SB1267-Amended.html
|
Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1267
| Introduced by Senator Dahle |
February 15, 2024 |
An act to amend Section 679.03 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1267, as amended, Dahle.
Crimes: victims’ rights: Marsy’s Law. notification of release.
Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated county agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be notified, and forward the completed form to the department.
This bill would require that form to additionally enable the person to request and receive notification of changes to the defendant’s minimum eligible parole date that changes it by more than 6 months, as specified. By increasing duties on county agencies, this
bill would impose a state-mandated local program. The bill would also require these notices to be given by the Department of Corrections and Rehabilitation to victims, witnesses, and their next of kin for changes of status for defendants convicted of a sexually violent offense, specified sex offense involving a minor, or homicide offense, among others, as specified.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, establishes procedures at all parole suitability hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, and provides inmates and victims specified rights at parole suitability hearings.
This bill would state the intent of the Legislature to enact legislation that would ensure Marsy’s Law is fully recognized, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 679.03 of the Penal Code is amended to read:679.03.
(a) With respect to the conviction of a defendant involving a violent offense, as defined in Section 29905, the county district attorney, probation department, and victim-witness coordinator shall confer and establish an annual policy within existing resources to decide which one of their agencies shall inform each witness involved in the conviction who was threatened by the defendant following the defendant’s arrest and each victim or next of kin of the victim of that offense of the right to request and receive a notice pursuant to Section 3058.8 or 3605. If no agreement is reached, the presiding judge shall designate the appropriate county agency or department to provide this notification.(b) The Department of Corrections and Rehabilitation shall supply a
form to the agency designated pursuant to subdivision (a) in order to enable persons specified in subdivision (a) to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. offender, or changes in minimum eligible parole for reasons including, but not limited to, new resentencing considerations or postconviction good conduct credit that changes the defendant’s minimum eligible parole date by more than six months. That agency shall give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. The department or the Board of Parole
Hearings is responsible for notifying all victims, witnesses, or next of kin of victims who request to be notified of a violent offender’s release or scheduled execution, as provided by Sections 3058.8 and 3605.
(c) For any change of status described in subdivision (b) of a defendant convicted of a crime described in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or of a defendant convicted before January 1, 1996, of a crime that was punished by life without the possibility of parole, the Department of Corrections and Rehabilitation shall notify all victims, witnesses, and next of kin of that change of status.
(c)
(d) All information relating to any person receiving notice pursuant to subdivision (b) shall remain confidential and is not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d)
(e) Nothing in this section precludes a victim, witness, or next of kin of the victim from requesting notification using an automated electronic notification process, if available.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.It is the intent of the Legislature to enact legislation that would ensure Marsy’s Law is fully recognized through an updated notification process that reflects the changing criminal justice landscape. This update would include, but is not limited to, post-conviction changes, resentencing considerations, retroactive state policy decisions, and cases that predate Department of Corrections and Rehabilitation form 1707.
