California Senate Bill SB132 Latest Draft

 BILL NUMBER: SB 132AMENDED BILL TEXT AMENDED IN SENATE APRIL 13, 2015 INTRODUCED BY Senator Anderson JANUARY 22, 2015 An act to amend Section  1202.7   1193  of the Penal Code, relating to  probation.   judgments.  LEGISLATIVE COUNSEL'S DIGEST SB 132, as amended, Anderson.  Probation services.   Judgments: required attendance.   Existing law requires that judgment upon a person convicted of a felony be pronounced in the personal presence of the defendant unless the defendant requests that judgment be pronounced in his or her absence, as specified, or unless, after the exercise of reasonable diligence to procure the defendant, the court finds that it is in the interest of justice that the judgment be pronounced in his or her absence.   This bill would instead require a person convicted of a felony to be present when judgment is pronounced against him or her without exception.   Existing law makes specified findings relating to the provision of probation services, including the primary considerations in the granting of probation.   This bill would make technical, nonsubstantive changes to that provision.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1193 of the   Penal Code   is amended to read:  1193. Judgment upon persons convicted of commission of crime shall be pronounced as follows: (a) If the conviction is for a felony, the defendant shall be personally present when judgment is pronounced against him or  her, unless the defendant, in open court and on the record, or in a notarized writing, requests that judgment be pronounced against him or her in his or her absence, and that he or she be represented by an attorney when judgment is pronounced, and the court approves his or her absence during the pronouncement of judgment, or unless, after the exercise of reasonable diligence to procure the presence of the defendant, the court shall find that it will be in the interest of justice that judgment be pronounced in his or her absence; provided, that when any judgment imposing the death penalty has been affirmed by the appellate court, sentence may be reimposed upon the defendant in his or her absence by the court from which the appeal was taken, and in the following manner: upon receipt by the superior court from which the appeal is taken of the certificate of the appellate court affirming the judgment, the judge of the superior court shall forthwith make and cause to be entered an order pronouncing sentence against the defendant, and a warrant signed by the judge, and attested by the clerk under the seal of the court, shall be drawn, and it shall state the conviction and judgment and appoint a day upon which the judgment shall be executed, which shall not be less than 60 days nor more than 90 days from the time of making the order; and that, within five days thereafter, a certified copy of the order, attested by the clerk under the seal of the court, and attached to the warrant, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having the custody of the defendant and certified copies thereof shall be transmitted by registered mail to the Governor; and provided further, that when any judgment imposing the death penalty has been affirmed and sentence has been reimposed as above provided there shall be no appeal from the order fixing the time for and directing the execution of the judgment as herein provided. If a pro se defendant requests that judgment in a noncapital case be pronounced against him or her in his or her absence, the court shall appoint an attorney to represent the defendant in the in absentia sentencing.   her.  (b) If the conviction be of a misdemeanor, judgment may be pronounced against the defendant in his absence.  SECTION 1.   Section 1202.7 of the Penal Code is amended to read: 1202.7. (a) The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. (b) The primary considerations in the granting of probation shall be the safety of the public, which shall be a primary goal through the enforcement of court-ordered conditions of probation; the nature of the offense; the interests of justice, including punishment, reintegration of the offender into the community, and enforcement of conditions of probation; the loss to the victim; and the needs of the defendant. (c) It is the intent of the Legislature that efforts be made to engage in the treatment of persons who are subject to Section 290.011 and who are on probation.