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ACA-15 Governor: pardons and commutations.(2011-2012)

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ACA15:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Constitutional Amendment
No. 15

Introduced  by  Assembly Member Mansoor
 (Coauthor(s): Assembly Member Achadjian, Bill Berryhill, Cook, Donnelly, Grove, Hagman, Harkey, Jeffries, Jones, Knight, Miller, Morrell, Nestande, Nielsen, Olsen, Smyth, Valadao, Wagner)

January 27, 2011

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article V thereof, relating to the Governor’s powers.


LEGISLATIVE COUNSEL'S DIGEST


ACA 15, as introduced, Mansoor. Governor: pardons and commutations.
The California Constitution authorizes the Governor to grant pardons or commutations after sentence has been entered, but prohibits the Governor from granting a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.
This measure would require the Governor, at least 30 days prior to granting a pardon or commutation, to provide written notice of the pardon or commutation to the agency that prosecuted the case in which the person was convicted, and to each victim of the crime or crimes for which that person was convicted. The measure would provide that any pardon or commutation issued in violation of these provisions is void.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2011–12 Regular Session commencing on the sixth day of December 2010, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

 That Section 8 of Article V thereof is amended to read:

SEC. 8.
 (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 four judges concurring.
(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.
(c) (1) At least 30 days prior to granting a pardon or commutation, the Governor shall provide written notice of the pardon or commutation to the agency that prosecuted the case in which the person was convicted and to each victim, as defined in subdivision (e) of Section 28 of Article I, of the crime or crimes for which the person was convicted. Any pardon or commutation issued in violation of this subdivision is void.
(2) This subdivision does not limit the Governor’s power to grant a reprieve.