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  #51  
Old 08-09-2018, 05:04 PM
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Regarding public outcry, are there any links to read about that? I've been wondering about opposition to this bill. Skinner earlier indicated she's been working with the DAs' association to reach some compromises on their objections...

I do not have any links . What I am basing this out cry information on is from what is on the TV news, news papers, and comments of concern coming in to
our legislators offices. I hear a lot of this stuff standing in the halls during hearing recess, and from aids I attend other hearings that do not pertain to judicial issues.
I also am involved in the fight of the California farmer. Whom if we don't start taking better care of we will be seeing empty shelves in our grocery stores. A lot of hard work goes in to what is at the grocery store. The American farmer is the only business person that pays retail price for everything he/she needs to run the farm business, but must shell their product at wholesale prices or less
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  #52  
Old 08-09-2018, 09:20 PM
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If this Bill is going to help those already convicted. The sentencing courts will need funding to carry out the necessary corrections to the ones already sentenced. Now where is this funding going to come from? A new Bill(spending Bill) will be needed to be introduced and approved to cover these added expenses
Funding is the issue with appropriations now. That is the millions of $. Dealing with retroactive; the expense of all the currently incarcerated inmates who will petition for resetencing That is the reason it is in appropriations suspense. If it does pass they are going to have to pull $ out of General Funds. That's what the analysts say.

Qwerty's post that it will be back to Appropriations Aug 17 is promising news. Let's hope the meeting results in a vote out of suspense file.

Did they indicate whether this is a public hearing? Will Iniitiate Justice or one of the other advocacy groups be able to find out?

Most other reforms we see make little dents at NVO sentences and parole opportunities. This bill attacks sentencing on violent offenses. That is a big time difference. We are no longer talking about a NVO who maybe has a 3 year sentence getting a year knocked off. We are talking about VO's who have no date, often no hope for a date getting resentenced, and possibility of released on time served.

I bet Patrick is right, opponents are going to raise cain if this passes - assuming they aren't already.

CDCR claims they need millions of $ to transport inmates for resentence hearings, train, review files, blah blah. What horse manure. First, I'm sure CDCR prefers to keep them all in prison. Along comes a legislator or appropriations analyst and asks CDCR how much money do you need if this passes? I swear CDCR just pulls biggest dollar figure right out of their ass that they think they can get away with. Might as well grab what they can if this thing does happen. Analyst says thanks. That's that.

If bill passes, CDCR gets millions more $ to sock away so they win even if they lose. I don't give a damn if Sacramento throws excessive money around like this to get it done. I hate seeing it so easily go into CDCR coffers with dubious justification.

Regardless, happy to take the win if we get it. Let 'em have their money. It's worth it.
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  #53  
Old 08-10-2018, 11:45 PM
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I got this email today from Re:store Cal. So it sounds like they're expecting it will be brought out of suspense and appropriations will vote on it Thursday. If they vote on it, it should be a public hearing, right?

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LATEST UPDATE
SB 1437 passed in the Senate and will go up for vote in the Assembly Appropriations Committee next week, August 17th. Then, it will go to the final Assembly floor vote. Finally, it would land on the Governor’s desk for signing.

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  #54  
Old 08-11-2018, 08:58 AM
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I got this email today from Re:store Cal. So it sounds like they're expecting it will be brought out of suspense and appropriations will vote on it Thursday. If they vote on it, it should be a public hearing, right?
Thanks for that, good to hear. 17th - Friday, not Thursday...right? I would assume it is public hearing, I do not know. I hope this is more or less at the stage of a going through the motions "yes" vote. Or do groups like Re:store and I.J. recommend public being there to testify with a "we support" at the hearing? Can someone chime in if they do hear more?

Senate floor voted 26-11 on it. Assembly floor will be a closer vote and count on some ugly debate. I've watched those. Public can watch from gallery but not comment.
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Old 08-11-2018, 11:32 AM
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Thanks for that, good to hear. 17th - Friday, not Thursday...right? I would assume it is public hearing, I do not know. I hope this is more or less at the stage of a going through the motions "yes" vote. Or do groups like Re:store and I.J. recommend public being there to testify with a "we support" at the hearing? Can someone chime in if they do hear more?

Senate floor voted 26-11 on it. Assembly floor will be a closer vote and count on some ugly debate. I've watched those. Public can watch from gallery but not comment.
Yes, it's on Friday, sorry (I would fix it, but I guess I can't edit the post anymore). Re:store is urging people to write their Assemblyperson: https://restorecal.org/sb1437-supportletter/

I haven't seen any requests for people to go testify yet. There was talk of a rally on Aug. 21 before the floor vote.
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  #56  
Old 08-11-2018, 12:16 PM
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Also, here's a really good history of how this bill came to happen:

https://jjie.org/2018/08/08/accompli...in-california/
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  #57  
Old 08-11-2018, 02:13 PM
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Also, here's a really good history of how this bill came to happen:

https://jjie.org/2018/08/08/accompli...in-california/
That is a must read for anyone who has interest in reform, even if this specific felony murder rule doesn't affect you. Which is the case for most of us. This shows what it takes to get reform done properly and should give everyone an appreciation of how much work and the quality of work these advocacy groups and the good legislators do.

This bill does not potentially impact all CDCR inmates or even close. Less than 1% in fact. Still I think it is as important as any reform we've seen. Somewhat surprised at the minimal level of debate we've seen about it. I suppose that owes to the small percent of people impacted.

I think that public debate might start heating up as this thing approaches home plate.
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  #58  
Old 08-13-2018, 09:55 AM
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I just checked the Assembly website. You were right first time - it is scheduled for Thursday Aug 16.

Other relevant dates (assuming they pass it out of suspense).

- Friday Aug 17 seems to be last day for committee hearings and last day for fiscal committees to meet and report
- Only floor sessions and votes scheduled after that
- Friday Aug 31 is last day for each house to pass bills

If it passes Thursday, it then has 2 weeks to get to and pass Assembly floor vote.
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  #59  
Old 08-16-2018, 02:37 PM
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It just passed Appropriations.

Some amendments were made, but the new version hasn't been posted online yet. The committee chair said one change was that it won't apply when the victim is a police officer. Sounded like the other changes had to do with the filing process.
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Old 08-16-2018, 09:29 PM
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JOIN THE RALLY to rectify the injustice of the felony murder rule and support reform and relief through SB 1437! This is a call for family members of affected loved ones to show up and show their support.

Senator Skinner is asking for those in attendance to bring pictures of their loved ones to show the faces of who this barbaric rule impacts and who this bill will help.


On the Steps of the California State Capitol
Tuesday, August 21st at 10 AM
10th and L Streets
Sacramento, CA 95814
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  #61  
Old 08-17-2018, 09:30 AM
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Scheduled for a full final vote in the Assembly on August 31, 2018 Keep those emails going along with phone calls to your Assembly person. It needs to pass
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  #62  
Old 08-17-2018, 09:56 AM
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Any ideas when we will be able to see the amended version
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Old 08-17-2018, 10:25 AM
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Any ideas when we will be able to see the amended version
It still hasn't posted as of Friday morning, but when it's done, it will be here: https://leginfo.legislature.ca.gov/f...01720180SB1437
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Old 08-17-2018, 02:06 PM
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I am interested in what the amendments are going to say.
The DA's are whining about the Plea Bargain Aspects, but most guys ONLY took the plea bargain because they were being threatened with LWOP or Death Penalty.

DA'a play a dirty game man
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  #65  
Old 08-17-2018, 07:21 PM
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Yes they do. This is also what I am concerned about. My husband is in prison under the felony murder rule. He was the driver, was not at the scene, did not know the shooter was armed and did not know a murder had been committed until he was being interrogated in county. He was fully prepared to go to trial but his public defender told him he strongly advised him to take the plea because for the prosecution a felony murder conviction is "like shooting a fish in a barrel." They are not going to give up their murder convictions easily.
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Old 08-18-2018, 05:22 PM
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It's on the schedule for a floor vote Monday, along with 400 other bills. Assuming they won't get to them all in a day...
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Old 08-19-2018, 09:26 AM
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My husband is in prison under the felony murder rule.
He sounds like exactly who the legislation is designed for. Convict and sentence him for what he did. Not what someone else did. Let's hope this gets through final stages for his sake and sake of all the others like him.

Amendment(s) they made for appropriations are still not posted. It is being read in Assembly tomorrow so we should see those amendment changes soon.
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Old 08-19-2018, 11:01 AM
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Yes I agree and so does he. He accepts full responsibility for the part he played in the underlying felony and is very remorseful but at this point he is being punished for the decision of someone else over which he had no control, say so or influence. Unfortunately, there are way too many just like him. It's time for real justice in these cases. Thanks for the info. I will be following the bill tomorrow anxiously awaiting the amendments




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He sounds like exactly who the legislation is designed for. Convict and sentence him for what he did. Not what someone else did. Let's hope this gets through final stages for his sake and sake of all the others like him.

Amendment(s) they made for appropriations are still not posted. It is being read in Assembly tomorrow so we should see those amendment changes soon.
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Old 08-20-2018, 03:35 PM
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Yes I agree and so does he. He accepts full responsibility for the part he played in the underlying felony and is very remorseful but at this point he is being punished for the decision of someone else over which he had no control, say so or influence. Unfortunately, there are way too many just like him. It's time for real justice in these cases. Thanks for the info. I will be following the bill tomorrow anxiously awaiting the amendments
We're in a very similar situation, so I feel you.

I guess they won't post the amended version online until the vote. I've been told by people working on this that there are two main changes:

1) The bill won't apply in some cases where a peace officer is killed;

2) It allows judges to resentence defendants to 3 years' probation.

I'm listening now to the Assembly session, but it's slowwwwww going.
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Old 08-20-2018, 07:07 PM
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UPDATE: The Assembly did not vote on it today. There will be floor sessions tomorrow through Thursday, so hopefully this week!

They did pass SB 10 today, a fairly controversial bail reform bill.
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Old 08-20-2018, 10:57 PM
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The amendments are up and the actually look pretty favorable. I'm quite pleased. Remember everyone rally and press conference tomorrow on the steps of the Capitol and Senator Skinner is taking questions on CareCalls tomorrow night
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Old 08-21-2018, 08:35 AM
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The amendments are up and the actually look pretty favorable. I'm quite pleased. Remember everyone rally and press conference tomorrow on the steps of the Capitol and Senator Skinner is taking questions on CareCalls tomorrow night
They made many changes to the wording so should read the current version carefully. Provisions include ability to request counsel and the court will be required to appoint counsel (PD I assume) if you don't have your own private counsel. That is important, I like that, everyone needs legal help doing this.

Re peace officers - "in some cases" comment is spot on. The wording suggests it is still possible to petition for relief because the phrasing includes "defendant knew or reasonably should have known". Difficult, but maybe not impossible to argue that you reasonably should not have known the victim was a peace officer...

Good job everyone tracking and reporting on this bill.
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  #73  
Old 08-21-2018, 10:02 AM
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Amended version is here: https://leginfo.legislature.ca.gov/f...01720180SB1437

Also, a correction: It's three years' parole, not probation.
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  #74  
Old 08-22-2018, 06:06 PM
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So now this goes back to my Original question when I opened this thread.

My friend has a second degree murder (period) taken by plea bargain, and is not the primary.
The Primary has a 1st degree murder.
My friend helped cover it up, but didn't know it was going to happen.


In this particular matter, my friend only plead guilty because his attorney told him the prosecutor was going to proceed under felony murder and would get a guaranteed conviction because Felony Murder was easy to prove.

They offered him a deal for 15 to life Second Degree and he took it out of fear.
At the time he couldn't prove his co-defendant (the primary) already had a deal for 1st degree murder and that the primary already confessed to personally attacking and killing the victim by his self before my friend arrived.

Of course the DA tries to allege my friend knew the crime was gonna happen, blah blah blah but in reality they knew that my friend wasn't guilty of a 1st degree or never would have offered a second and evidence was limited.

So, now knowing the basis, he was never actually charged with Felony Murder, only the initial 1st degree murder allegations by indictment (and usual malice etc...) that was later dropped to a second degree offer / plea.

So, based on Skinners language for PLEA BARGAINS, she expressed the realities that individuals only took plea bargains because their attorneys told them they would be prosecuted much harsher under the felony murder rule.

Now the Question/s:

1) If no other charges (Like a lesser Manslaughter) were filed, are they going to re-designate the charge as a manslaughter? (So drop the second degree to a manslaughter) even though manslaughter was never alleged?

2) The Bill has provisioned that the Petitioner can't get any more time than they already have. So if a Order to Show Cause is granted on this particular case and resentancing is in order, what does it get dropped to?

3) On a plea bargain, how would the DA possibly prove beyond a reasonable doubt (or even argue) that they were never going to proceed on felony murder?

I believe this is going to be their strategy in most plea bargain cases and simply try to tell the judges in their rebuttal "We never were going to proceed under felony murder" and "There is no evidence that the defendant was charged with Felony Murder"

4) This language

1170.95. (a) A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have the petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply:

(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine.



In a Plea Bargain, the second and third sections apply, but the first section (above) is not available to many Plea Bargain cases, especially my friends, because the DA informed his attorney that he was going to proceed under felony murder doctrine but never filed the charges formally because they were already negotiating the plea.

Does a Plea Bargain have to meet that section?

Or is the initial indictment enough to prove the prosecution could have at any time changed the charges to proceed under felony murder as the case developed.

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Old 08-24-2018, 12:04 PM
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Or is the initial indictment enough to prove the prosecution could have at any time changed the charges to proceed under felony murder as the case developed.
So does the indictment actually state that he was charged with felony murder? My understanding of the bill is the person had to have been charged with OR convicted of felony murder. But as the bill states, it requires that "(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine." Sounds like your friend could make that argument.

My man has very similar circumstances, including with the plea deal. But his charging document specifically states he was charged with 1st degree felony murder.

Also, no they don't lower the charge to manslaughter. They recharge and resentence based on the remaining charges, ie. robbery, gun enhancement etc.
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