Proposition Summary

SECOND DEGREE MURDER OF PEACE OFFICER. MINIMUM TERM. LEGISLATIVE INITIATIVE AMENDMENT. Existing law enacted by initiative provides second degree murder penalty is 15 years to life in prison. Minimum term is reduced by good behavior credits, but not by parole. This measure increases the minimum prison term for second degree murder to 25 years in cases where the murderer knew or should have known the victim was a specified peace officer engaged in the performance of his or her duties. Person guilty of second degree murder under such circumstances must serve a minimum of 25 years without reduction. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Measure will have a relatively minor impact on state costs and the state's prison population.

Proposition Number

67

Year

1988

Document Type

Proposition

Pass/Fail

Pass

Legislative Vote Results

Assembly - Ayes, 66; Noes, 1 -- Senate - Ayes, 24; Noes, 0

Popular Vote Results

Y: 4488251; A: 82.09; N: 979354; B: 17.91

Election Type

Primary

Proposition Type

Initiative (leg)

Relevant Case

Brodheim v. Rowland: 783 F. Supp. 1245, N.D. Cal. 1991; In re Ras Adisa Gamba Oluwa: 207 Cal. App. 3d 439: 225 Cal. Rptr. 35, 1989; In re Thompson: 206 Cal. App. 3d 275: 253 Cal. Rptr. 513, 1988

Code Sections Affected

Amended Cal. Penal Code section 190

For Author

Robert Presley, State Senator, 36th District; Sherman Block, Sheriff, Los Angeles County; John K. Van De Kamp, Attorney General of California

Against Author

Robert J. Campbell, Member of the Assembly, 11th District; Thomas J. Nolan, Jr., President, Attorneys for Criminal Justice; Richard Hirsch, Past President, Attorneys for Criminal Justice

Rebuttal Author

Robert J. Campbell, Member of the Assembly, 11th District; Thomas J. Nolan, Jr., President, Attorneys for Criminal Justice; Richard Hirsch, Past President, Attorneys for Criminal Justice

Rebuttal Against Author

Robert Presley, State Senator, 36th District; Sherman Block, Sheriff, Los Angeles County; John K. Van De Kamp, Attorney General of California

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