20250SCA_000299INT INTRODUCED 2025-02-10 2025 SCA INT Introduced by Senator Choi (Coauthors: Senators Alvarado-Gil, Jones, and Seyarto) (Coauthors: Assembly Members Castillo, DeMaio, and Essayli) LEAD_AUTHOR SENATE Choi COAUTHOR SENATE Alvarado-Gil COAUTHOR SENATE Jones COAUTHOR SENATE Seyarto COAUTHOR ASSEMBLY Castillo COAUTHOR ASSEMBLY DeMaio COAUTHOR ASSEMBLY Essayli A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending

Section of

Article V thereof, relating to the Governor’s powers. the Governor’s powers Governor: pardons and commutations. The California Constitution authorizes the Governor to grant a reprieve, pardon, or commutation after sentence has been entered, except as specified. This measure would prohibit the Governor from granting a pardon or commutation to specified relatives.

TWO_THIRDS NO YES NO Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2025–26 Regular Session commencing on the second day of December 2024, 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 of

Article V thereof is amended to read: SEC. 8. (

a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, four judges concurring. (

b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors that the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action. (

c) The Governor may not grant a reprieve, pardon, or commutation to any of the following individuals:

(1) Themselves.

(2) Their spouse or domestic partner.

(3) Their parents.

(4) The parents of their spouse or domestic partner.

(5) Their grandparents.

(6) The grandparents of their spouse or domestic partner.

(7) Their children, stepchildren, or adopted children of any age.

(8) Their siblings.

(9) Their nieces or nephews.

(10) Their grandchildren.