Bill Text: CA SB906 | 2011-2012 | Regular Session | Amended

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Bill Title: Defendants: incarceration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB906 Detail]

Download: California-2011-SB906-Amended.html

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BILL NUMBER: SB 906	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to add Section 676 to the Penal Code, relating to criminal
defendants.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 906, as amended, DeSaulnier. Defendants: incarceration.
   Existing law, in part, provides that all persons concerned in the
commission of a crime, whether they directly commit the act
constituting the offense, or aid and abet in its commission, or, not
being present, have advised and encouraged its commission, or who, by
threats, menaces, command, or coercion, compel another to commit any
crime, are principals in any crime so committed. Existing law
provides that a criminal conspiracy requires an agreement and some
criminal act, besides the agreement, be done within this state to
effect the object of the conspiracy, by one or more of the parties to
the agreement, in order to constitute a conspiracy.
   This bill would prohibit the  agency or department having
custody of 2 defendants   Department of Corrections and
  Rehabilitation  , when notified by a prosecuting
attorney or court that the 2 defendants are either codefendants or
coconspirators in the commission of a violent felony, from housing
those inmates within sight or sound of each other and require, to the
extent possible, those inmates be housed in separate facilities.

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would declare that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 676 is added to the Penal Code, to read:
   676.  When notified by a prosecuting attorney or court that two
defendants are either codefendants or coconspirators in the
commission of a violent felony as described in subdivision (c) of
Section 667.5, the  agency or department having custody of
the defendants   Department of Corrections and
Rehabilitation  shall not house those inmates within sight or
sound of each other and, to the extent possible, those inmates shall
be housed in separate facilities. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.