Bill Text: CA SB132 | 2015-2016 | Regular Session | Amended
Bill Title: Judgments: required attendance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB132 Detail]
Download: California-2015-SB132-Amended.html
BILL NUMBER: SB 132 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2015
INTRODUCED BY Senator Anderson
JANUARY 22, 2015
An act to amend Section 1202.7 1193
of the Penal Code, relating to probation.
judgments.
LEGISLATIVE COUNSEL'S DIGEST
SB 132, as amended, Anderson. Probation services.
Judgments: required attendance.
Existing law requires that judgment upon a person convicted of a
felony be pronounced in the personal presence of the defendant unless
the defendant requests that judgment be pronounced in his or her
absence, as specified, or unless, after the exercise of reasonable
diligence to procure the defendant, the court finds that it is in the
interest of justice that the judgment be pronounced in his or her
absence.
This bill would instead require a person convicted of a felony to
be present when judgment is pronounced against him or her without
exception.
Existing law makes specified findings relating to the provision of
probation services, including the primary considerations in the
granting of probation.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1193 of the Penal
Code is amended to read:
1193. Judgment upon persons convicted of commission of crime
shall be pronounced as follows:
(a) If the conviction is for a felony, the defendant shall be
personally present when judgment is pronounced against him or
her, unless the defendant, in open court and on the record,
or in a notarized writing, requests that judgment be pronounced
against him or her in his or her absence, and that he or she be
represented by an attorney when judgment is pronounced, and the court
approves his or her absence during the pronouncement of judgment, or
unless, after the exercise of reasonable diligence to procure the
presence of the defendant, the court shall find that it will be in
the interest of justice that judgment be pronounced in his or her
absence; provided, that when any judgment imposing the death penalty
has been affirmed by the appellate court, sentence may be reimposed
upon the defendant in his or her absence by the court from which the
appeal was taken, and in the following manner: upon receipt by the
superior court from which the appeal is taken of the certificate of
the appellate court affirming the judgment, the judge of the superior
court shall forthwith make and cause to be entered an order
pronouncing sentence against the defendant, and a warrant signed by
the judge, and attested by the clerk under the seal of the court,
shall be drawn, and it shall state the conviction and judgment and
appoint a day upon which the judgment shall be executed, which shall
not be less than 60 days nor more than 90 days from the time of
making the order; and that, within five days thereafter, a certified
copy of the order, attested by the clerk under the seal of the court,
and attached to the warrant, shall, for the purpose of execution, be
transmitted by registered mail to the warden of the state prison
having the custody of the defendant and certified copies thereof
shall be transmitted by registered mail to the Governor; and provided
further, that when any judgment imposing the death penalty has been
affirmed and sentence has been reimposed as above provided there
shall be no appeal from the order fixing the time for and directing
the execution of the judgment as herein provided. If a pro se
defendant requests that judgment in a noncapital case be pronounced
against him or her in his or her absence, the court shall appoint an
attorney to represent the defendant in the in absentia sentencing.
her.
(b) If the conviction be of a misdemeanor, judgment may be
pronounced against the defendant in his absence.
SECTION 1. Section 1202.7 of the Penal Code is
amended to read:
1202.7. (a) The Legislature finds and declares that the provision
of probation services is an essential element in the administration
of criminal justice.
(b) The primary considerations in the granting of probation shall
be the safety of the public, which shall be a primary goal through
the enforcement of court-ordered conditions of probation; the nature
of the offense; the interests of justice, including punishment,
reintegration of the offender into the community, and enforcement of
conditions of probation; the loss to the victim; and the needs of the
defendant.
(c) It is the intent of the Legislature that efforts be made to
engage in the treatment of persons who are subject to Section 290.011
and who are on probation.
