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TJ, Esq.
TJ, Esq., Attorney
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where does the enacting clause appear for California statu

Customer Question

where does the enacting clause appear for California statutes.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

It is in the beginning of every bill. For example, look at this bill (or any bill): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_1_bill_20130403_amended_asm_v98.html

Then look for this language: "THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:"

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 1 year ago.

Where in the California Constitution or the statutes does is state that this practice is required for bills to be enacted and become law?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

There is no requirement for the enacting clause, as such requirement was removed from Article IV of the California Constitution.
Customer: replied 1 year ago.

I know it was in the 1849-1850 California Constitution, Article IV Sec. 1, but not in the 1979-1880 California Constitution.


 


If it is not required, then why do the legislative bodies put it at the beginning of every bill? Are some sections of the earlier Constitution still binding?


Or, is it because it is an age old Common Law requirement for the enacting clause to be at the front of every legislative bill. Is such a common law requirement arguably enforceable in a case at court.


 


If the enacting clause is stated on every legislative bill, does it follow that it does not have to be stated when such bills are codified as statutes or codes?


 


I read somewhere that every statute has to be prefaced on it face with its title and the enacting authority. It this just someone's opinion?


 


Cassie


 


 


 


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Yes, I would say at this point it is just custom. But regardless, every CA bill does have it, so even if there were a requirement, such requirement is met. But either way, I doubt a person would have any success in court over this issue. Also, a statute that you read online or in a book is not the official record of law. Accordingly, any legal requirements to make a statute lawful does not have to be listed in such a website or book. The official record of law (i.e., the bill signed by the governor which has the enacting clause) is kept by the Secretary of State.
Customer: replied 1 year ago.

You made an interesting point about the official record is kept by the Secretary of State, which raises another question. In Califormia, the bills passed by the legislature are codified by those not employees of the state directly but interpreted and codified by outside services, probably all attorneys. The State does not produce the Penal the Code, or any of the other 28 California Codes. Yet, the courts and the lawyers all rely on these "Codes" in their cases before the court, or otherwise. Nobody ever gets to use the actual legislative documents. How do we really know that what is in the Codes is the correct laws as they were actually enacted? I know it's custom, but does that make it correct and does it protect or serve the citizens as intended?

 

My succinct question is, what "law" is truly being enforced in our courts, and do we as citizens have any recourse if we discover errors, omissions or misrepresntations in the codes?

 

Cassie XXXXX

Customer: replied 1 year ago.

I forgot to ask about your comment about it being "just custom." Does it being "just custom" mean that there is no significance or requirement to follow the common law?


 


Cassie

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

You're correct that judges and lawyers rely on third party reprints of the law. There are certain publishers (such as Westlaw and Lexis) that are relied upon and considered to be accurate. If errors are found, however, then certainly there would be recourse. That is what appeals are for. In addition, the parties can request a judge to reconsider a ruling, and they have the opportunity to provide the judge with the correct printing of the law.

As for the custom, I think that a bill that was sufficient per the constitution, but did not follow custom to a "T" would still be enforceable.
Customer: replied 1 year ago.

Your reply: "As for the custom, I think that a bill that was sufficient per the constitution, but did not follow custom to a "T" would still be enforceable," evaded my question and did not answer it. I would appreciate a more responsive reply.


 


Cassie

Customer: replied 1 year ago.

I have one more semi-related question.

 

 

Where can I find information about the legislative intent for the 1994 Three Strikes law in California (and/or as amended) regarding penal convictions that occurred prior to the Three Strikes Law enactment, and how any such prior convictions can be counted as "strikes"? I have heard that a "strike" is declared by the Judge at the time of sentencing. Where might I find an answer to this question?

 

Cassie XXXXX

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

If the constitution does not require an enacting clause, then it is not necessary. Accordingly, there is no requirement to follow the common law in that instance. In fact, I hesitate to call it the common law, as that implies that it is authoritative.

As for the 1994 Three Strikes law, you can find information about that bill, such as intent and analysis here: CLICK HERE. Click on the various analysis links.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9698
Experience: Licensed to Practice Law
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Customer: replied 1 year ago.

Thank you for the references. There were a lot of items to choose from on the Three Strikes Law. I read one or two that were analyses of the bill and its effects on California, and comparisons with the existing laws


 


Can you tell me which one was the final bill as passed?


 


Cassie

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

To clarify, are you looking for the final bill that was passed in 1994, or the law as it currently is? Because you must keep in mind that the law has been amended since 1994.
Customer: replied 1 year ago.

My friend in prison was sentenced in 1994. I believe the law in effect at that time would apply. Am I correct?


 


How many times after 1994 has it been amended, prior to the most recent amendment about non-serious or non-violent crimes.


 


Or would all of the subsequent amendments apply to his sentencing. He does not fit into the parameters of the recent amendment.


Cassie

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Yes, you are correct that the law at the time would apply. I believe that the law was amended just once in 2012.
Customer: replied 1 year ago.

Please let me know where I can find and read any amendments to the Three Strikes Law.


 


Cassie Eleson

Expert:  TJ, Esq. replied 1 year ago.

Hi again.

You can read about the amendment by CLICKING HERE.

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