| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2641Introduced by Assembly Member EssayliFebruary 14, 2024 An act to repeal Section 12017 of the Government Code, and to amend Section 4807 of the Penal Code, relating to pardons, reprieves, and commutations. LEGISLATIVE COUNSEL'S DIGESTAB 2641, as introduced, Essayli. Pardons, reprieves, and commutations: reports to the Legislature.Existing law, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted.This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12017 of the Government Code is repealed.12017.At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of which the convict was convicted, the sentence, its date, the date of the pardon, reprieve, or commutation, and the reasons for granting the same.SEC. 2. Section 4807 of the Penal Code is amended to read:4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2641Introduced by Assembly Member EssayliFebruary 14, 2024 An act to repeal Section 12017 of the Government Code, and to amend Section 4807 of the Penal Code, relating to pardons, reprieves, and commutations. LEGISLATIVE COUNSEL'S DIGESTAB 2641, as introduced, Essayli. Pardons, reprieves, and commutations: reports to the Legislature.Existing law, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted.This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 11, 2024 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 11, 2024 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2641 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member EssayliFebruary 14, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Essayli | |
| 18 | 18 | February 14, 2024 | |
| 19 | 19 | ||
| 20 | - | An act to repeal Section 12017 of | |
| 20 | + | An act to repeal Section 12017 of the Government Code, and to amend Section 4807 of the Penal Code, relating to pardons, reprieves, and commutations. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2641, as | |
| 26 | + | AB 2641, as introduced, Essayli. Pardons, reprieves, and commutations: reports to the Legislature. | |
| 27 | 27 | ||
| 28 | - | Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a persons release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, sexual abuse, sexual exploitation, or crimes endangering children, as specified, and only if doing so would not violate any federal, state, or local law, or local policy. Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a crime of sexual abuse or sexual exploitation of minors, or crimes committed against minors, as specified, or crimes committed against a minor that require registration under the Sex Offender Registration Act. By requiring local law enforcement to comply with requests from immigration authorities, this bill would impose a state-mandated local program.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, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted.This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year. | |
| 29 | - | ||
| 30 | - | Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a persons release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, sexual abuse, sexual exploitation, or crimes endangering children, as specified, and only if doing so would not violate any federal, state, or local law, or local policy. | |
| 31 | - | ||
| 32 | - | Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a crime of sexual abuse or sexual exploitation of minors, or crimes committed against minors, as specified, or crimes committed against a minor that require registration under the Sex Offender Registration Act. By requiring local law enforcement to comply with requests from immigration authorities, this bill would impose a state-mandated local program. | |
| 33 | - | ||
| 34 | - | 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. | |
| 35 | - | ||
| 36 | - | 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. | |
| 28 | + | Existing law, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted.This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year. | |
| 37 | 29 | ||
| 38 | 30 | Existing law, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted. | |
| 39 | 31 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 32 | This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year. | |
| 43 | - | ||
| 44 | - | ||
| 45 | 33 | ||
| 46 | 34 | ## Digest Key | |
| 47 | 35 | ||
| 48 | 36 | ## Bill Text | |
| 49 | 37 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 12017 of the Government Code is repealed.12017.At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of which the convict was convicted, the sentence, its date, the date of the pardon, reprieve, or commutation, and the reasons for granting the same.SEC. 2. Section 4807 of the Penal Code is amended to read:4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 51 | 39 | ||
| 52 | 40 | The people of the State of California do enact as follows: | |
| 53 | 41 | ||
| 54 | 42 | ## The people of the State of California do enact as follows: | |
| 55 | 43 | ||
| 56 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 12017 of the Government Code is repealed.12017.At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of which the convict was convicted, the sentence, its date, the date of the pardon, reprieve, or commutation, and the reasons for granting the same. | |
| 57 | 45 | ||
| 58 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 12017 of the Government Code is repealed. | |
| 59 | 47 | ||
| 60 | 48 | ### SECTION 1. | |
| 61 | 49 | ||
| 62 | - | 7282.7. (a) Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:(1) Providing information regarding a persons release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.(2) Transferring an individual to immigration authorities in response to a transfer request.(3) Detaining an individual on the basis of a hold request.(b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a crime of sexual abuse or sexual exploitation of a minor, or a crime committed against a minor, as specified in, but not limited to, Sections 261.5, 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 286, 287, 288, 288.5, 289, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code, or convicted of any sex offense, committed against a minor, that requires registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code.(c) For the purposes of this section, immigration authorities shall have the same meaning as provided in subdivision (c) of Section 7284.4. | |
| 63 | - | ||
| 64 | - | 7282.7. (a) Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:(1) Providing information regarding a persons release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.(2) Transferring an individual to immigration authorities in response to a transfer request.(3) Detaining an individual on the basis of a hold request.(b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a crime of sexual abuse or sexual exploitation of a minor, or a crime committed against a minor, as specified in, but not limited to, Sections 261.5, 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 286, 287, 288, 288.5, 289, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code, or convicted of any sex offense, committed against a minor, that requires registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code.(c) For the purposes of this section, immigration authorities shall have the same meaning as provided in subdivision (c) of Section 7284.4. | |
| 65 | - | ||
| 66 | - | 7282.7. (a) Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:(1) Providing information regarding a persons release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.(2) Transferring an individual to immigration authorities in response to a transfer request.(3) Detaining an individual on the basis of a hold request.(b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a crime of sexual abuse or sexual exploitation of a minor, or a crime committed against a minor, as specified in, but not limited to, Sections 261.5, 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 286, 287, 288, 288.5, 289, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code, or convicted of any sex offense, committed against a minor, that requires registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code.(c) For the purposes of this section, immigration authorities shall have the same meaning as provided in subdivision (c) of Section 7284.4. | |
| 50 | + | 12017.At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of which the convict was convicted, the sentence, its date, the date of the pardon, reprieve, or commutation, and the reasons for granting the same. | |
| 67 | 51 | ||
| 68 | 52 | ||
| 69 | 53 | ||
| 70 | - | ||
| 54 | + | At each session the Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the name of the convict, the crime of which the convict was convicted, the sentence, its date, the date of the pardon, reprieve, or commutation, and the reasons for granting the same. | |
| 71 | 55 | ||
| 72 | - | (1) Providing information regarding a persons release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities. | |
| 73 | 56 | ||
| 74 | - | (2) Transferring an individual to immigration authorities in response to a transfer request. | |
| 75 | 57 | ||
| 76 | - | ( | |
| 58 | + | SEC. 2. Section 4807 of the Penal Code is amended to read:4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 77 | 59 | ||
| 78 | - | (b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a crime of sexual abuse or sexual exploitation of a minor, or a crime committed against a minor, as specified in, but not limited to, Sections 261.5, 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 286, 287, 288, 288.5, 289, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code, or convicted of any sex offense, committed against a minor, that requires registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code. | |
| 79 | - | ||
| 80 | - | (c) For the purposes of this section, immigration authorities shall have the same meaning as provided in subdivision (c) of Section 7284.4. | |
| 81 | - | ||
| 82 | - | 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. | |
| 83 | - | ||
| 84 | - | 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. | |
| 85 | - | ||
| 86 | - | 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. | |
| 60 | + | SEC. 2. Section 4807 of the Penal Code is amended to read: | |
| 87 | 61 | ||
| 88 | 62 | ### SEC. 2. | |
| 89 | 63 | ||
| 64 | + | 4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 65 | + | ||
| 66 | + | 4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 67 | + | ||
| 68 | + | 4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.(b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. | |
| 90 | 69 | ||
| 91 | 70 | ||
| 92 | 71 | ||
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (a)On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or the Governors predecessor in office, during the immediately preceding calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code. | |
| 97 | - | ||
| 98 | - | ||
| 72 | + | 4807. (a) At the beginning of every regular session of the Legislature, On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her the Governors predecessor in office, during the immediately preceding regular session of the Legislature, calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code. | |
| 99 | 73 | ||
| 100 | 74 | (b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. |