Legislative history

Researching Legislative History is a fool's errand that often results in fool's gold. Now that I've mixed my metaphors, let me tell you how to do it. I will be using researching the intent behind split sentences created by Realignment.

Steps to legislative history research

1. Look up the codified statute. You need to look at annotated versions of the statute by West (Westlaw) and Deering (LexisNexis). The annotations will often provide cites to law review articles, Legislative Counsel opinions, Law Revision Commission Reports, and Attorney General Opinions. They will also provide historical notes, showing you how the statute has changed over time. Most importantly, it will give you the session laws in Statutes and Amendments to the Codes of California. More recent amendments will list the actual bill number. If you have access to neither, you can visit the California Legislature's website at http://leginfo.legislature.ca.gov/
   • Split sentences were created by Penal Code section 1170, subdivision (h)(5)(B). Leginfo.legislature.ca.gov gives the following information:(Amended (as added by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 5. Effective June 30, 2011. Addition and amendment operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.) So we're looking at Stats. 2011, ch. 15 (AB 109); Stats. 2011, ch. 39 (AB 117); and Stats. , Ch. 12 (ABX1 17). SB 1023
2. Read the uncondified session law. Often, the Legislature will have statements of legislative intent that are not part of the code, but are in the session law. The session law may also include the Legislative Counsel's Digest. The uncodified session laws can be found on LexisNexis at or on Westlaw in the CA-LEGIS database, or at http://www.leginfo.ca.gov/ and http://leginfo.legislature.ca.gov/ If you want books, it should be in the Statutes and Amendments to the Code at your local law library. In any case, you should able to find the original bill number. If you're looking in the bound session laws, in the beginning of the volume should be "Table of Laws Enacted" which will cross-reference the chaptered number to the bill number.
   • AB 109: Nothing.
   • AB 117:(5) A judge, when imposing a sentence pursuant to this section, may order the defendant to serve a term in a county jail for a period not to exceed the maximum possible term of confinement or may impose a sentence that includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence.
   • ABX1 17:(5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as follows:
     • (A) For a full term in custody as determined in accordance with the applicable sentencing law.
     • (B) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the term selected in the court's discretion, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order. During the period when the defendant is under such supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court.
   • SB 1023: (5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as follows:
     • (A) For a full term in custody as determined in accordance with the applicable sentencing law.
     • (B) (i) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the term selected in the court’s discretion, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order. Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under such supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court. Any time period which is suspended because a person has absconded shall not be credited toward the period of supervision.
     • (ii) The portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to this subparagraph shall be known as mandatory supervision.
   • The Legislative Counsel's Digest to ABX1 17 states the following:
     • Existing law provides for the enhancement of prison terms for new offenses because of prior prison terms, as specified. If Chapter 15 of the Statutes of 2011 becomes operative, a judge, when imposing a sentence pursuant to these provisions, may order the defendant to serve a term in a county jail for a period not to exceed the maximum possible term of confinement or may impose a sentence that includes a period of county jail time and a period of mandatory probation not to exceed the maximum possible sentence.
     • This bill would provide that a term imposed under the above-referenced provision, wherein a portion of the term is suspended by the court to allow postrelease supervision, shall qualify as a prior county jail term for the purposes of a specified enhancement, and make conforming changes.
   • The Legislative Counsel's Digest to SB 1023 states the following:
     • Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail for more than one year. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or violent felonies and any felony for which registration as a sex offender is required, among other exceptions. Under existing law, when a court commits a person to county jail for a felony, the court has the option of committing that person for the full term of his or her sentence or suspending execution of a concluding portion of the term, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation. Existing law provides for the revocation of probation, as specified.
     • This bill would define mandatory supervision as the portion of the term that a defendant serves under supervision in compliance with the above provision. The bill would, for those crimes defined as serious or violent crimes or crimes for which registration as a sex offender is required, specify that the sentence is to be served in state prison.
     • The bill would require the revocation or modification of mandatory supervision to be made pursuant to provisions of existing law providing for the revocation of probation as well as make the provisions for the revocation of probation applicable to the revocation of postrelease community supervision and parole. The bill would make related conforming changes.
   • Stats. 2012, ch. , § 2 states: The Legislature finds and declares all of the following:
     • (a) It is the intent of the Legislature in enacting this act to provide for a uniform supervision revocation process for petitions to revoke probation, mandatory supervision, postrelease community supervision, and parole.
     • (b) By amending subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, subdivision (f) of Section 3000.08, and subdivision (a) of Section 3455 of the Penal Code to apply to probation revocation procedures under Section 1203.2 of the Penal Code, it is the intent of the Legislature that these amendments simultaneously incorporate the procedural due process protections held to apply to probation revocation procedures under Morrissey v. Brewer (1972) 408 U.S. 471, and People v. Vickers (1972) 8 Cal.3d 451, and their progeny.
3. Look up the bill's history. The Assembly and the Senate publish a daily journal of their activities and it's indexed by bill, so you can find all activity that the Legislature did on a bill.
4. Look at all versions of the bill.
5. Check the California State Archives. The State Archives may contain materials that are not available at the local law library, LexisNexis, or Westlaw. One of these items is the Governor's Chaptered Bill File, which is what is presented to the Governor when he considers signing a bill. Also available may be Committee Bill Files, Committee Hearing Files, Authors' Bill Files, Agency Legislative Records, Caucus Bill Files, and Legislative Bill Files. You can send a message to Archives staff at http://www.sos.ca.gov/webcontact/general/question.aspx and ask them for a copy of everything relating to a bill. There will be a copying fee, but if it's a small number of pages, it will be free of charge. You could also visit the Archives in person. The State Archives are at 1020 O Street, 4th Floor, Sacramento, CA 95814. The phone number is (916) 653-7715 or (916) 653-2246. Hours are Monday - Friday, 9:30 am to 4:00 pm, but you need to be in the Archives by 3:30PM.

http://web.archive.org/web/20120107004853/http://www.sos.ca.gov/archives/level3_legrecords.html

Legislative Resources

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"In the construction of a statute the intention of the Legislature is to be pursued, if possible." California Code of Civil Procedure, section 1859

Since 1872 when the above statute was enacted, California's courts have increasingly relied on legislative intent when interpreting the state's laws. Also well established is the key role that legislative records play in determining the intent of the State Legislature.

By far the richest and most extensive collection of legislative records are held by the California State Archives. The State Archives is the only repository to which legislative committee records may lawfully be transferred. Although state law does not require individual legislators to deposit their records in the State Archives, more than 300 have chosen to do so.

Lawyers, legal scholars, the Legislature, state government agencies, commercial research services and the courts themselves routinely use the State Archives legislative resources which include:

1. • Legislative Committee Records
     • Bill Files, c.1960 - date

The most significant source of information on specific measures are bill files which may contain analyses prepared by committee staff, the Legislative Analyst, and state agencies; written testimony; Legislative Counsel's opinions; letters in support and opposition; the text of the bill and amendments; press releases and newspaper clippings; background information; and, occasionally audio tapes of hearings.

1. • • Hearing Files, c.1940 - date

Typically, legislative hearings focus on a particular subject although discussion concerning specific legislative bills may also be included. The State Archives has transcripts of hearings as well as background materials.

1. • Legislators Records
     • Authors' Bill Files, c. 1950 - date

In addition to containing records similar to those found in committee bill files, legislator's bill files may also include correspondence and background material from the bill's original sponsor (state agency, outside organization, or individual), letters in support and opposition to the bill, author's floor and committee statements, and press releases. Women in the Legislature, 1918-2004

1. • Governor's Records
     • Governor's Chaptered Bill Files, 1943 - 2003

The Governor's Office maintains files for each legislative bill signed into law (chaptered) or vetoed. These files typically contain analyses prepared by the Legislative Counsel, Attorney General, other constitutional officers, state agencies and the Governor's staff. Also available is correspondence from the bill's author as well as affected organizations and individuals. Vetoed bill files include the text of the Governor's veto message.

1. • Other Records
     • Caucus Bill Files, 1973 - date

Democratic and Republican Caucuses in both the Senate and Assembly prepare analyses which reflect their political party's views.

1. • • Senate Floor Analyses Bill Files, 1993 - date

This office prepares nonpartisan analyses of bills which come to the Senate Floor for a vote.

1. • • Senate and Assembly Videotapes, 1988 - date

The State Archives also houses videotapes of selected floor session and committee hearings: Senate (1992-date) and Assembly (1988-1998).

1. • • State Agency Records, various dates

Each legislative session state agencies draft new legislation and prepare analyses of bills which affect their programs.

1. • Published Resources
     • Statutes of California (1850-date), Deering's California Codes Annotated, Journals of the Legislature (1850-date), Final Calendars of Legislative Business/Final Histories (1877-date), and various subject indexes to laws are also available to assist the legislative researcher.

Research Services

The Archives Research Room is open to the public from 9:30 a.m. to 4:00 p.m., Monday through Friday and is closed on state holidays. Archives staff are on duty during these hours to assist those doing legislative research. The Archives also provides research service for those located outside the Sacramento area who are seeking legislative history information. If a researcher can specify a particular chapter or bill (for a total of up to six), Archives staff will identify and photocopy materials in our collection relating to the bill(s) at a cost of $0.25/page. The service usually requires about 3-4 working days for research with additional time required for photocopying depending on the size of the order.

For further information, contact us at:

California State Archives
1020 "O" Street
Sacramento, CA 95814
(916) 653-2246 FAX: (916) 653-7363
E-mail: ArchivesWeb@sos.ca.gov