California, United States of America
The following excerpt is from People v. Mills, C082095 (Cal. App. 2017):
look first " 'at the plain and commonsense meaning of the statute because it is generally the most reliable indicator of legislative intent and purpose.' [Citation.]" (People v. Skiles (2011) 51 Cal.4th 1178, 1185.) If the statutory language is clear and unambiguous, the plain meaning governs, " 'and we need not resort to legislative history to determine the statute's true meaning.' [Citation.]" (Ibid.) "[W]e do not construe statutes in isolation, but rather read every statute 'with reference to the entire scheme of law of which it is part so that the whole may be harmonized and retain effectiveness.' [Citation.]" (People v. Pieters (1991) 52 Cal.3d 894, 899.)
"We recognize the basic principle of statutory and constitutional construction which mandates that courts, in construing a measure, not undertake to rewrite its unambiguous language. [Citation.] That rule is not applied, however, when it appears clear that a word has been erroneously used, and a judicial correction will best carry out the intent of the adopting body. [Citation.]" (People v. Skinner (1985) 39 Cal.3d 765, 775.) In some cases the text and purpose of a measure reveal a drafting error that must be corrected. (Id. at pp. 775-776.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.