Bill Text: CA SCA13 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Courts: appellate jurisdiction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-30 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 5. Page 758.) Reconsideration granted. [SCA13 Detail]

Download: California-2013-SCA13-Introduced.html

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BILL NUMBER: SCA 13	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 22, 2013

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 11
of Article VI thereof, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 13, as introduced, Anderson. Courts: appellate jurisdiction.
   The California Constitution establishes the jurisdiction of the
courts, providing that the Supreme Court has appellate jurisdiction
when judgment of death has been pronounced. The California
Constitution provides that courts of appeal have appellate
jurisdiction when superior courts have original jurisdiction in
causes of a type within the appellate jurisdiction of the courts of
appeal on June 30, 1995, and in other causes prescribed by statute.
The California Constitution authorizes the Legislature to permit
courts exercising appellate jurisdiction to take evidence and make
findings of fact when jury trial is waived or not a matter of right.
   This measure would make technical, nonsubstantive changes to these
provisions.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular
Session, commencing on the third day of December 2012, 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 11 of Article VI thereof is amended to read:
      SEC. 11.  (a) The Supreme Court has appellate jurisdiction when
judgment of death has been pronounced. With that exception  ,
 courts of appeal have appellate jurisdiction when superior
courts have original jurisdiction in causes of a type within the
appellate jurisdiction of the courts of appeal on June 30, 1995, and
in other causes prescribed by statute. When appellate jurisdiction in
civil causes is determined by the amount in controversy, the
Legislature may change the appellate jurisdiction of the courts of
appeal by changing the jurisdictional amount in controversy.
   (b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
   (c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is  either  waived or not a matter of right.