California's Sb136: Law Or Not?

California Senate Bill 136 (SB 136) was introduced on January 15, 2019, and signed into law by Governor Gavin Newsom on October 8, 2019. The bill, authored by Senator Scott Wiener, aimed to address mass incarceration and racial bias in the state's criminal justice system by restricting mandatory sentence enhancements. Specifically, SB 136 focused on limiting the addition of a one-year sentence enhancement for each prior prison or felony jail term served, which was previously imposed on top of an individual's base sentence. The bill received support from various organizations, including the ACLU of California, the California Coalition for Women Prisoners, and the Drug Policy Alliance, as a step towards advancing racial justice and keeping families together.

The bill amends Section 667.5 of the Penal Code

Senate Bill 136 (SB 136) was approved by the Governor of California on October 8, 2019, and filed with the Secretary of State on the same day. The bill amends Section 667.5 of the Penal Code, which relates to sentencing.

Existing Law

Under existing law, an additional 3-year sentence is imposed for each prior separate prison term served by a defendant where the prior and current offense was a violent felony. For other felonies, existing law imposes an additional one-year term for each prior separate prison term or county jail felony term, except under specified circumstances.

Amendments

The amendments made by SB 136 change the way additional prison terms are imposed for new offenses because of prior prison terms. The amendments specify that a three-year term shall be imposed for each prior separate prison term served by the defendant where one of the new offenses is one of the violent felonies specified in subdivision (c). This three-year term is to be served consecutively to any other prison terms. However, no additional term shall be imposed under this subdivision if the defendant remained free of both prison custody and the commission of a felony conviction resulting offense for a period of 10 years after serving their prior prison term.

The amendments also specify that a one-year term shall be imposed for each prior separate prison term served for a conviction of a sexually violent offense, except under certain circumstances. This one-year term is to be served consecutively to any other sentence for a felony conviction.

Violent Felonies

The amendments define a "violent felony" as any of the following offenses:

• Murder or voluntary manslaughter
• Rape, sodomy, or oral copulation as defined in specific sections of the Penal Code
• Lewd or lascivious act as defined in specific sections of the Penal Code
• Any felony punishable by death or imprisonment in the state prison for life
• Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or uses a firearm
• Arson, in violation of specific sections of the Penal Code
• Sexual penetration as defined in specific sections of the Penal Code
• Attempted murder
• A violation of specific sections of the Health and Safety Code, such as manufacturing or selling drug paraphernalia
• Assault with the intent to commit a specified felony
• Continuous sexual abuse of a child
• Carjacking
• Rape, spousal rape, or sexual penetration, in concert
• Extortion, which would constitute a felony violation of the Penal Code
• Threats to victims or witnesses, which would constitute a felony violation of the Penal Code
• Any burglary of the first degree, where another person, other than an accomplice, was present in the residence during the commission of the burglary
• Any violation of specific sections of the Penal Code, such as discharging a firearm with gross negligence
• A violation of specific subdivisions of the Penal Code, such as possessing or manufacturing a weapon of mass destruction

Prior Prison Terms

The amendments also provide definitions and clarifications for prior prison terms, including the calculation of time served and the impact of parole or community supervision on the defendant's custody status.

It restricts a mandatory one-year sentence enhancement

Senate Bill 136 (SB 136) was signed into law by California Governor Gavin Newsom on October 8, 2019. The bill addresses sentencing enhancements, specifically restricting a mandatory one-year sentence enhancement added to an individual's base sentence for each prior prison or felony jail term served.

Under existing law in California, an additional one-year term is imposed for each prior separate prison term or county jail felony term served by a defendant, except under specified circumstances. This enhancement applies to all felonies, except when the prior and current offense was a violent felony, in which case a three-year enhancement is added instead.

SB 136 amends Section 667.5 of the Penal Code to impose the additional one-year term only for prior separate prison terms served for convictions of sexually violent offenses. This change restricts the mandatory one-year sentence enhancement by limiting the types of prior convictions that can trigger this enhancement.

The bill was sponsored by the ACLU of California and several other organizations, including the California Coalition for Women Prisoners, Californians United for a Responsible Budget, and the Coalition for Humane Immigrant Rights. These sponsors argued that addressing failed, ineffective, and draconian sentencing enhancements is necessary to advance racial justice and fairness and help keep families together. Research shows that sentence enhancements like the one addressed by SB 136 do not make communities safer or deter crime but instead contribute to mass incarceration and racial disparities in the criminal justice system.

It was approved by Governor Gavin Newsom

SB136, a bill to advance racial justice and fairness and help keep families together, was approved by California Governor Gavin Newsom on October 8, 2019. The bill restricts a mandatory one-year sentence enhancement that is added to an individual's base sentence for each prior prison or felony jail term served.

SB136 was introduced on January 17, 2019, by Senator Scott Wiener (D-San Francisco) and co-authored by Assemblymembers Ash Kalra, Wendy Carrillo, David Quirk, Shirley Weber, and Senator Steven Bradford. The bill addresses failed, ineffective, and draconian sentencing enhancements that contribute to mass incarceration and racial bias in the criminal justice system. Research shows that sentence enhancements do not make communities safer or deter crime but instead tear families apart.

The bill amends Section 667.5 of the Penal Code, which relates to sentencing. Specifically, it imposes an additional one-year term for each prior separate prison term served for a conviction of a sexually violent offense. This change applies to both violent felonies and other types of felonies. The bill also makes distinctions between different types of violent felonies and the corresponding enhancements.

SB136 passed the Senate floor and was then approved by the Assembly Appropriations Committee, the Assembly Public Safety Committee, and the Assembly floor before being approved by Governor Newsom and signed into law. This bill is a significant step towards addressing mass incarceration and racial disparities in California's criminal justice system.

It was authored by Senator Scott Wiener

SB136, authored by Senator Scott Wiener, was approved by California Governor Gavin Newsom on October 8, 2019, and filed with the Secretary of State on the same day. The bill was designed to address sentencing enhancements, which are additional years added to a prison sentence for prior separate prison terms served by a defendant.

Senator Wiener, a Democrat from San Francisco, introduced the bill to the Senate on January 15, 2019, with the aim of advancing racial justice and fairness in the state's criminal justice system. The bill was co-authored by Assemblymembers Ash Kalra, Wendy Carrillo, David Quirk, and Shirley Weber, as well as Senator Steven Bradford.

SB136 restricts a mandatory one-year sentence enhancement that is added to an individual's base sentence for each prior prison or felony jail term served. This restriction applies to convictions of sexually violent offenses, as defined by the bill. Previously, California law imposed this additional one-year term for any felony conviction, except under specified circumstances.

Senator Wiener and his supporters argued that such sentence enhancements do not make communities safer or deter crime. Instead, they contribute to mass incarceration and racial disparities, tearing families apart. The bill was supported by various organizations, including the ACLU of California, the California Coalition for Women Prisoners, and the Drug Policy Alliance, among others.

The bill underwent several readings and amendments before passing the Senate on May 28, 2019, and the Assembly on September 12, 2019. It then made its way back to the Senate, where it was approved on September 13, 2019, and subsequently signed into law by Governor Newsom.

It was co-authored by Assemblymembers Kalra, Carrillo, Quirk and Weber

SB136, also known as the 'Repeal Sentence Enhancement for Prior 1-Year Convictions', was co-authored by Assemblymembers Ash Kalra, Wendy Carrillo, David Quirk, and Shirley Weber. The bill was also sponsored by organisations such as the ACLU of California, the California Coalition for Women Prisoners, and the Drug Policy Alliance.

SB136 was introduced on January 17, 2019, and passed the Senate floor on May 28, 2019. It then passed the Assembly floor on September 12, 2019, and was signed into law by Governor Gavin Newsom on October 8, 2019.

The bill restricts a mandatory one-year sentence enhancement that is added to an individual's base sentence for each prior prison or felony jail term served. Prior to SB136, California law imposed an additional one-year term for each prior separate prison term or county jail felony term served by a defendant, except under specified circumstances. SB136 amends Section 667.5 of the Penal Code to impose that additional one-year term only for prior separate prison terms served for convictions of sexually violent offenses.

Research shows that sentence enhancements like the one addressed by SB136 do not make communities safer or deter crime. Instead, they tear families apart. SB136 is a step towards advancing racial justice and fairness in California's criminal justice system.

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