Bill Text: CA SCA13 | 2013-2014 | Regular Session | Amended

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Bill Title: Courts: appellate jurisdiction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-30 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 5. Page 758.) Reconsideration granted. [SCA13 Detail]

Download: California-2013-SCA13-Amended.html

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BILL NUMBER: SCA 13	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Anderson

                        FEBRUARY 22, 2013

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending 
Section 11   Sections 2, 11, and 12  of Article VI
thereof, relating to courts.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 13, as amended, Anderson. Courts: appellate jurisdiction.
   The California Constitution establishes the jurisdiction of the
courts, providing that the Supreme Court has appellate jurisdiction
when judgment of death has been pronounced. The California
Constitution provides that courts of appeal have appellate
jurisdiction when superior courts have original jurisdiction in
causes of a type within the appellate jurisdiction of the courts of
appeal on June 30, 1995, and in other causes prescribed by statute.
 The California Constitution authorizes the Legislature to
permit courts exercising appellate jurisdiction to take evidence and
make findings of fact when jury trial is waived or not a matter of
right. 
   This measure would  make technical, nonsubstantive changes
to these provisions   ,   instead, establish
appellate jurisdiction   in the courts of appeal in cases
when judgment of death has been pronounced  . 
   The California Constitution authorizes the Supreme Court to review
the decision of a court of appeal in any cause. Concurrence of 4
judges present at the argument is necessary for a judgment. 

   This measure would require the Supreme Court to review the
decision of a court of appeal in a capital case on an issue necessary
to the judgment on which the court of appeal panel was not
unanimous, and would authorize the Supreme Court to review other
issues in that case. The measure would authorize the Supreme Court to
decide the case upon the concurrence of 4 judges without oral
argument if the Supreme Court is required to review the decision of a
court of appeal on an issue necessary to the judgment on which the
court of appeal panel was not unanimous and does not grant review of
any additional issues. 
   Vote: 2/3. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.



   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular
Session, commencing on the third day of December 2012, 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 11 of Article VI thereof is
amended to read:
      SEC. 11.  (a) The Supreme Court has appellate jurisdiction when
judgment of death has been pronounced. With that exception, courts
of appeal have appellate jurisdiction when superior courts have
original jurisdiction in causes of a type within the appellate
jurisdiction of the courts of appeal on June 30, 1995, and in other
causes prescribed by statute. When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.
   (b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
   (c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is either waived or not a matter of right. 
   First--    That Section 2 of Article VI thereof is
amended to read: 
      SEC. 2.  The Supreme Court consists of the Chief Justice of
California and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of  4   four
 judges present at the argument  , except as provided in
subdivision (d) of Section 12,  is necessary for a judgment.
   An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
   Second--    That Section 11 of Article VI thereof is
amended to read: 
      SEC. 11.  (a)  The Supreme Court has appellate
jurisdiction when judgment of death has been pronounced. With that
exception courts   Courts  of appeal have appellate
jurisdiction when superior courts have original jurisdiction in
causes of a type within the appellate jurisdiction of the courts of
appeal on June 30, 1995,  in cases when judgment of death has
been pronounced,  and in other causes prescribed by statute.
When appellate jurisdiction in civil causes is determined by the
amount in controversy, the Legislature may change the appellate
jurisdiction of the courts of appeal by changing the jurisdictional
amount in controversy.
   (b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
   (c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is waived or not a matter of right. 
   (d) Capital cases appealed to the Supreme Court prior to the
effective date of the amendment vesting jurisdiction in the courts of
appeal shall remain in the jurisdiction of the Supreme Court unless
transferred pursuant to Section 12. 
   Third--    That Section 12 of Article VI thereof is
amended to read: 
      SEC. 12.  (a) The Supreme Court may, before decision, transfer
to itself a cause in a court of appeal. It may, before decision,
transfer a cause from itself to a court of appeal or from one court
of appeal or division to another. The court to which a cause is
transferred has jurisdiction.
   (b) The Supreme Court may review the decision of a court of appeal
in any cause.  The Supreme Court shall review the decision of a
court of appeal in a capital case on an issue necessary to the
judgment on which the court of appeal panel was not unanimous and may
review other issues in that case. 
   (c) The Judicial Council shall provide, by rules of court, for the
time and procedure for transfer and for review, including, among
other things, provisions for the time and procedure for transfer with
instructions, for review of all or part of a decision, and for
remand as improvidently granted. 
   (d) This section shall not apply to an appeal involving a judgment
of death.  
   (d) If the Supreme Court is required to review the decision of a
court of appeal in a capital case pursuant to subdivision (b) and
does not grant review of any additional issues, the court may decide
the case upon the concurrence of four judges without oral argument.