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AB-1511 Sentencing enhancements: property loss.(2017-2018)

Senate:1stCmt2ndCmt2nd3rdPass
Assembly:1stCmt2nd3rdPassPassVeto
Bill Status
AB-1511
Low (A)
-
Quirk-Silva (A)
Sentencing enhancements: property loss.
03/21/17
An act to add Section 12022.6 to the Penal Code, relating to sentencing, and declaring the urgency thereof, to take effect immediately.
Assembly
08/31/18
05/22/18

Type of Measure
Inactive Bill - Vetoed
Two Thirds Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Urgency
Non-Tax levy
Last 5 History Actions
Date Action
09/30/18 Vetoed by Governor.
09/06/18 Enrolled and presented to the Governor at 3 p.m.
08/29/18 Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6812.).
08/24/18 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
08/24/18 Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5701.).
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 1511 without my signature.

This bill re-enacts and re-casts a previous enhancement for excessive takings which was allowed to sunset on January 1, 2018.

Penal Code Section 12022.6 was enacted in 1977, and in 1990, AB 3087 added a sunset provision, repealing the statute as of July 1, 1992. That sunset date has been extended several times since then, first in 1992 (AB 939) extending the date to 1998, then in 1997 (AB 293) extending the date by 10 years, to 2008. In 2007, via AB 1705, the Legislature again extended the sunset 10 more years to 2018. The statute was not further extended at that time, and Penal Code Section 12022.6 was therefore repealed on January 1, 2018.

AB 1511 now seeks to re-enact this repealed enhancement, but omits any sunset provision similar to those that have been included with this statute since 1990. I see no reason to now permanently re-enact a repealed sentencing enhancement without corresponding evidence that it was effective in deterring crime. As I have said before, California has over 5,000 criminal provisions covering almost every conceivable form of human misbehavior. We can effectively manage our criminal justice system without 5,001.

Sincerely,



Edmund G. Brown Jr.