What is the test for a party to amend or amend a statute?

California, United States of America


The following excerpt is from People v. Martinez, F070993 (Cal. App. 2016):

In this process the court presumes the electorate is "'aware of existing laws and judicial constructions in effect at the time legislation is enacted' [citation], 'and to have enacted or amended a statute in light thereof.'" (People v. Superior Court (Cervantes) (2014) 225 Cal.App.4th 1007, 1015; see People v. Licas (2007) 41 Cal.4th 362, 367.) "'"Where a statute, with reference to one subject contains a given provision, the omission of such provision from a similar statute concerning a related subject is significant to show that a different intention existed."'" (People v. Licas, supra, at p. 367.)

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