| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Constitutional Amendment No. 2Introduced by Senator Choi(Coauthors: Senators Alvarado-Gil, Jones, and Seyarto)(Coauthors: Assembly Members Castillo, DeMaio, and Essayli)February 10, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article V thereof, relating to the Governors powers.LEGISLATIVE COUNSEL'S DIGESTSCA 2, as introduced, Choi. Governor: pardons and commutations.The California Constitution authorizes the Governor to grant a reprieve, pardon, or commutation after sentence has been entered, except as specified.This measure would prohibit the Governor from granting a pardon or commutation to specified relatives.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextResolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, 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 8 of Article V thereof is amended to read:SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.(c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:(1) Themselves.(2) Their spouse or domestic partner.(3) Their parents.(4) The parents of their spouse or domestic partner.(5) Their grandparents.(6) The grandparents of their spouse or domestic partner.(7) Their children, stepchildren, or adopted children of any age.(8) Their siblings.(9) Their nieces or nephews.(10) Their grandchildren. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Constitutional Amendment No. 2Introduced by Senator Choi(Coauthors: Senators Alvarado-Gil, Jones, and Seyarto)(Coauthors: Assembly Members Castillo, DeMaio, and Essayli)February 10, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article V thereof, relating to the Governors powers.LEGISLATIVE COUNSEL'S DIGESTSCA 2, as introduced, Choi. Governor: pardons and commutations.The California Constitution authorizes the Governor to grant a reprieve, pardon, or commutation after sentence has been entered, except as specified.This measure would prohibit the Governor from granting a pardon or commutation to specified relatives.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Constitutional Amendment |
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| 13 | 13 | | No. 2 |
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| 15 | 15 | | Introduced by Senator Choi(Coauthors: Senators Alvarado-Gil, Jones, and Seyarto)(Coauthors: Assembly Members Castillo, DeMaio, and Essayli)February 10, 2025 |
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| 17 | 17 | | Introduced by Senator Choi(Coauthors: Senators Alvarado-Gil, Jones, and Seyarto)(Coauthors: Assembly Members Castillo, DeMaio, and Essayli) |
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| 18 | 18 | | February 10, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article V thereof, relating to the Governors powers. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SCA 2, as introduced, Choi. Governor: pardons and commutations. |
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| 27 | 27 | | |
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| 28 | 28 | | The California Constitution authorizes the Governor to grant a reprieve, pardon, or commutation after sentence has been entered, except as specified.This measure would prohibit the Governor from granting a pardon or commutation to specified relatives. |
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| 29 | 29 | | |
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| 30 | 30 | | The California Constitution authorizes the Governor to grant a reprieve, pardon, or commutation after sentence has been entered, except as specified. |
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| 31 | 31 | | |
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| 32 | 32 | | This measure would prohibit the Governor from granting a pardon or commutation to specified relatives. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, 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: |
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| 40 | 40 | | That Section 8 of Article V thereof is amended to read:SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.(c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:(1) Themselves.(2) Their spouse or domestic partner.(3) Their parents.(4) The parents of their spouse or domestic partner.(5) Their grandparents.(6) The grandparents of their spouse or domestic partner.(7) Their children, stepchildren, or adopted children of any age.(8) Their siblings.(9) Their nieces or nephews.(10) Their grandchildren. |
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| 42 | 42 | | That Section 8 of Article V thereof is amended to read: |
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| 44 | 44 | | ### |
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| 46 | 46 | | SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.(c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:(1) Themselves.(2) Their spouse or domestic partner.(3) Their parents.(4) The parents of their spouse or domestic partner.(5) Their grandparents.(6) The grandparents of their spouse or domestic partner.(7) Their children, stepchildren, or adopted children of any age.(8) Their siblings.(9) Their nieces or nephews.(10) Their grandchildren. |
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| 48 | 48 | | SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.(c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:(1) Themselves.(2) Their spouse or domestic partner.(3) Their parents.(4) The parents of their spouse or domestic partner.(5) Their grandparents.(6) The grandparents of their spouse or domestic partner.(7) Their children, stepchildren, or adopted children of any age.(8) Their siblings.(9) Their nieces or nephews.(10) Their grandchildren. |
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| 50 | 50 | | SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.(c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:(1) Themselves.(2) Their spouse or domestic partner.(3) Their parents.(4) The parents of their spouse or domestic partner.(5) Their grandparents.(6) The grandparents of their spouse or domestic partner.(7) Their children, stepchildren, or adopted children of any age.(8) Their siblings.(9) Their nieces or nephews.(10) Their grandchildren. |
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| 54 | 54 | | SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring. |
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| 56 | 56 | | (b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action. |
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| 58 | 58 | | (c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals: |
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| 60 | 60 | | (1) Themselves. |
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| 62 | 62 | | (2) Their spouse or domestic partner. |
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| 64 | 64 | | (3) Their parents. |
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| 66 | 66 | | (4) The parents of their spouse or domestic partner. |
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| 68 | 68 | | (5) Their grandparents. |
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| 70 | 70 | | (6) The grandparents of their spouse or domestic partner. |
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| 72 | 72 | | (7) Their children, stepchildren, or adopted children of any age. |
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| 74 | 74 | | (8) Their siblings. |
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| 76 | 76 | | (9) Their nieces or nephews. |
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| 78 | 78 | | (10) Their grandchildren. |
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