Fabio
94 lines
6.6 KiB
Markdown
94 lines
6.6 KiB
Markdown
---
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type: "Bill"
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title: "Sentencing."
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description: "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, operative until January 1, 2017, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2017, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime."
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jurisdiction: "us/states/ca"
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legislature: "California Legislature"
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session: "20152016"
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identifier: "SB 1016"
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citation: "California SB 1016 (20152016)"
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classification: ["bill"]
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subjects: ["Sentencing."]
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status: "enacted"
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primary_sponsors: ["Monning"]
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version_count: 5
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action_count: 26
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vote_count: 8
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first_action: "2016-02-11"
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last_action: "2016-09-30"
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source: "openstates"
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source_identifier: "ocd-bill/ad178bb5-8529-4fd3-9148-e97a3b341a7a"
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source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1016"
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source_hash: "0b2115cb30071e1d7cec0ae6f973dd7850f0fc89b81a25d9d3e042dbc548ccc6"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ca"]
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---
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# California SB 1016 (20152016) — Sentencing.
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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, operative until January 1, 2017, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2017, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **02/11/16 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201520160SB1016&version=20150SB101699INT)
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2. **08/18/16 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201520160SB1016&version=20150SB101698AMD)
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3. **09/30/16 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201520160SB1016&version=20150SB101696CHP)
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4. **SB1016** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1016)
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5. **09/02/16 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201520160SB1016&version=20150SB101697ENR)
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## Votes
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- Do pass — **6–1** (pass) · upper
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- Do pass. — **20–0** (pass) · lower
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- SB 1016 Monning Senate Third Reading By LOW — **78–0** (pass) · lower
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- Do pass and be re-referred to the Committee on [Appropriations] — **7–0** (pass) · lower
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- Special Consent — **39–0** (pass) · upper
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- Placed on suspense file — **7–0** (pass) · upper
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- 3rd Reading — **39–0** (pass) · upper
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- Do pass, but first be re-referred to the Committee on [Appropriations] — **6–0** (pass) · upper
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## Sponsors
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- Monning — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2016-02-11** Introduced. Read first time. To Com. on RLS. for assignment. To print. `introduction, reading-1`
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- **2016-02-12** From printer. May be acted upon on or after March 13.
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- **2016-02-25** Referred to Com. on PUB. S. `referral-committee`
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- **2016-03-31** Set for hearing April 12.
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- **2016-04-13** From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3521.) (April 12). Re-referred to Com. on APPR. `referral-committee, committee-passage-favorable, committee-passage`
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- **2016-04-15** Set for hearing April 25.
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- **2016-04-25** April 25 hearing: Placed on APPR. suspense file.
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- **2016-05-20** Set for hearing May 27.
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- **2016-05-27** From committee: Do pass. (Ayes 6. Noes 1. Page 4001.) (May 27). `committee-passage-favorable, committee-passage`
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- **2016-05-27** Read second time. Ordered to third reading. `reading-2, reading-1`
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- **2016-05-31** Read third time. Passed. (Ayes 39. Noes 0. Page 4041.) Ordered to the Assembly. `reading-3, passage, reading-1`
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- **2016-06-01** In Assembly. Read first time. Held at Desk. `reading-1`
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- **2016-06-06** Referred to Com. on PUB. S. `referral-committee`
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- **2016-06-15** From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR. `referral-committee, committee-passage-favorable, committee-passage`
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- **2016-06-29** June 29 set for first hearing. Placed on APPR. suspense file.
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- **2016-08-12** From committee: Do pass. (Ayes 20. Noes 0.) (August 11). `committee-passage-favorable, committee-passage`
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- **2016-08-15** Read second time. Ordered to third reading. `reading-2, reading-1`
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- **2016-08-18** Read third time and amended. `reading-3, amendment-passage, reading-1`
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- **2016-08-18** Ordered to third reading.
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- **2016-08-22** Read third time. Passed. (Ayes 78. Noes 0. Page 6058.) Ordered to the Senate. `reading-3, passage, reading-1`
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- **2016-08-22** In Senate. Concurrence in Assembly amendments pending.
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- **2016-08-24** Ordered to special consent calendar.
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- **2016-08-29** Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5495.) Ordered to engrossing and enrolling. `committee-passage-favorable, amendment-passage`
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- **2016-09-08** Enrolled and presented to the Governor at 5 p.m.
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- **2016-09-30** Approved by the Governor. `executive-signature`
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- **2016-09-30** Chaptered by Secretary of State. Chapter 887, Statutes of 2016.
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/ad178bb5-8529-4fd3-9148-e97a3b341a7a`. Confidence: reported (aggregated from official California legislature records).
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