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California Assembly Bill AB89

California 2023-2024 Regular Session

California Assembly Bill AB89 Compare Versions

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1-Amended IN Assembly February 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as amended, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.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.
1+CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as introduced, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.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.
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3- Amended IN Assembly February 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as amended, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as introduced, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Amended IN Assembly February 15, 2023
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7-Amended IN Assembly February 15, 2023
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 89
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1515 Introduced by Assembly Member SanchezJanuary 04, 2023
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1717 Introduced by Assembly Member Sanchez
1818 January 04, 2023
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2020 An act to add Section 3043.4 to the Penal Code, relating to parole.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 89, as amended, Sanchez. Parole hearings: attorney notice.
26+AB 89, as introduced, Sanchez. Parole hearings: attorney notice.
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28-Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.
28+Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating 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.
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3030 Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.
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32-This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.
32+This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.
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3434 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.
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3636 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.
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3838 ## Digest Key
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4040 ## Bill Text
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42-The people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.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.
42+The people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.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.
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4444 The people of the State of California do enact as follows:
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4646 ## The people of the State of California do enact as follows:
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48-SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
48+SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
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5050 SECTION 1. Section 3043.4 is added to the Penal Code, to read:
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5252 ### SECTION 1.
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54-3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
54+3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
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56-3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
56+3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
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58-3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
58+3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
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62-3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.
62+3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings.
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6464 (b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
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66-(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
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6866 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.
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7068 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.
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7270 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.
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7472 ### SEC. 2.