Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally specify that the appropriate term rests within the sound discretion of the court. Existing law repeals the provision giving the court this discretionary authority on January 1, 2011, and on that date, makes operative alternate provisions that require the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime.
Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally specify that the appropriate term rests within the sound discretion of the court. Existing law repeals the provision giving the court this discretionary authority on January 1, 2011, and on that date, makes operative alternate provisions that require the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass, but re-refer to the Committee on Appropriations. — pass (pass) · upper
Placed on Appropriations Suspense file. — pass (pass) · upper
AB 2263 YAMADA Concurrence in Senate Amendments — pass (pass) · lower
Sponsors
Yamada — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2010-02-18 Read first time. To print. reading-1
2010-02-19 From printer. May be heard in committee March 21.
2010-03-11 Referred to Com. on PUB. S. referral-committee
2010-03-22 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. amendment-introduction, reading-2, amendment-passage, reading-1
2010-03-23 Re-referred to Com. on PUB. S. referral-committee
2010-04-14 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 13). committee-passage-favorable, committee-passage
2010-04-28 In committee: Set, first hearing. Referred to APPR. suspense file. referral-committee
2010-05-28 From committee: Do pass. (Ayes 17. Noes 0.) (May 28). committee-passage-favorable, committee-passage
2010-05-28 Read second time. To third reading. reading-2, reading-1
2010-06-01 Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 5410.) reading-3, passage, reading-1
2010-06-01 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2010-06-10 Referred to Com. on PUB. S. referral-committee
2010-06-22 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 22). committee-passage-favorable, committee-passage
2010-07-15 In committee: Placed on APPR suspense file.
2010-08-16 From committee: Do pass. (Ayes 11. Noes 0.) (August 12). committee-passage-favorable, committee-passage
2010-08-16 Received August 13 pursuant to JR 61(b)(14).
2010-08-17 Read second time. To third reading. reading-2, reading-1
2010-08-20 Read third time, amended. To second reading. reading-3, amendment-passage, reading-1
2010-08-23 Read second time. To third reading. reading-2, reading-1
2010-08-25 Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 4860.) reading-3, passage, reading-1
2010-08-25 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.