BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1202 (Leno) - Sentencing
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|Version: March 28, 2016 |Policy Vote: PUB. S. 4 - 1 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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Bill
Summary: SB 1202 would provide that aggravating facts relied
upon by the court to impose an upper term sentence or
enhancement must be presented to the jury and found to be true
beyond a reasonable doubt. This bill requires the trial of all
facts pled in aggravation of sentence to be bifurcated, as
specified.
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
Fiscal
Impact:
Bifurcated trials : Potentially major increase in ongoing
costs to the state trial courts in the millions of dollars
(General Fund*) annually to plead and prove aggravating facts
in bifurcated trials. To the extent 25 percent to 50 percent
of an estimated 5,000 felony trials involving a fact alleged
SB 1202 (Leno) Page 1 of
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in aggravation takes an average of one court day (8 hours),
assuming an hourly court cost of $837, annual costs could
range between $8.4 million to $16.7 million. To the extent the
number and duration of bifurcated trials is greater or less
than assumed above, actual costs would be adjusted
accordingly.
State prisons : Unquantifiable, but potentially significant
increases or decreases in future state prison costs (General
Fund) to the extent this measure results in longer or shorter
prison terms than imposed under the existing determinate
sentencing law. Even a minor change to resulting sentences
drives significant costs or savings, given the large base of
offenders and the significant unit cost to incarcerate an
offender.
County jails : Potentially significant increases or decreases
in local jail costs (Local Funds) to the extent this measure
results in longer or shorter felony jail terms as a result of
bifurcated trials.
*Trial Court Trust Fund
Author
Amendments: Make technical, non-substantive changes including
the replacement of the word "pled" with "pleaded".
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