Proposition Summary

INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends state Constitution regarding criminal and juvenile cases: affords accused no greater constitutional rights than federal Constitution affords; prohibits post-indictment preliminary hearings; establishes People's right to due process and speedy, public trials; provides reciprocal discovery; allows hearsay in preliminary hearings. Makes statutory changes, including: expands first degree murder definition: increases penalty for specified murders; expands special circumstance murders subject to capital punishment: increases penalty for minors convicted of first degree murder to life imprisonment without parole; permits probable cause finding based on hearsay; requires court to conduct jury examination. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: The net fiscal effect of this measure is unknown. The measure makes several significant changes to the criminal justice system. How the measure will be implemented and interpreted is un known. There may be only a minor fiscal impact on state and local governments, or there may be a major fiscal impact.

Proposition Number

115

Year

1990

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y: 2690115; A: 57.03; N: 2026599; B: 42.97

Election Type

Primary

Proposition Type

Initiative constitutional and statute

For Author

Pete Wilson, U.S. Senator; California District Attorney's Association; Collene Thompson Campbell, Chair, Memory of Victims Everywhere (M.O.V.E.)

Against Author

Robin Schneider, Executive Director, California Abortion Rights Action League (CARAL); Shirley Hufstedler, Former Judge, U.S. Court of Appeals for the 9th Circuit Former Secretary of Education; W. Benson Harer, Jr., M.D., Chairman, District 9 (Calif.) American College of Obstetricians and Gynecologists

Rebuttal Author

Michael G. W. Lee, President, San Francisco Bar Association; William R. Robertson, Executive Secretary-Treasurer, Los Angeles County Federation of Labor (AFL-CIO); Linda M. Tangren, State Chair, California National Women's Political Caucus

Rebuttal Against Author

Pete Wilson, U.S. Senator; William G. Plested III, M.D., President, California Medical Association; Women Prosecutors of California

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