Proposition Summary

MURDER. PENALTY. INITIATIVE STATUTE. Changes and expands categories of first degree murder for which penalties of death or confinement without possibility of parole may be imposed. Changes minimum sentence for first degree murder from life to 25 years to life. Increases penalty for second degree murder. Prohibits parole of convicted murderers before service of 25 or 15 year terms, subject to good-time credit. During punishment stage of cases in which death penalty is authorized: permits consideration of all felony convictions of defendant; requires court to impanel new jury if first jury is unable to reach a unanimous verdict on punishment. Financial impact: Indeterminable future increase in state costs.

Proposition Number

7

Year

1978

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y: 4480275; A: 71.1; N: 1818357; B: 28.9

Election Type

General Election

Proposition Type

Initiative statute

Relevant Case

Harris v. Pulley: 692 F.2d 1189, 9th Cir. 1982; People v. Bright: 12 Cal. 4th 652, 1996; People v. Edwards: 54 Cal. 3d 787, 1991; Carlos v. Superior Ct. of Los Angeles County: 35 Cal. 3d 131, 1983; People v. Easley: 34 Cal. 3d 858, 1983; People v. Jackson: 28 Cal. 3d 264, 1980; In re Jeanice D.: 28 Cal. 3d 210, 1980; People v. Frierson: 25 Cal. 3d 142, 1979; People v. Teron: 23 Cal. 3d 103, 1978; People v. Ruiz: 44 Cal. App. 4th 1653, 1996; In re Ras Adisa Gamba Oluwa: 207 Cal. App. 3d 439, 1989; People v. Rodriguez: 196 Cal. App. 3d 1041, 1987; People v. Epps: 182 Cal. App. 3d 1102, 1986; People v. Flores: 178 Cal. App. 3d 74, 1986; People v. Rivera: 193 Cal. App. 3d 675, 1985; In re Monigold: 139 Cal. App. 3d 485, 1983; People v. Rowland: 134 Cal. App. 3d 1, 1982; Domino v. Superior Ct. of Alameda County: 129 Cal. App. 3d 1000, 1982; Jones v. Superior Ct. of Alameda County: 123 Cal. App. 3d 160, 1981; People v. Noble: 126 Cal. App. 3d 1011, 1981; People v. Superior Ct. of Santa Cruz County: 115 Cal. App. 3d 687, 1981; People v. Grisso: 104 Cal. App. 3d 380, 1980

Code Sections Affected

Repealed and Amended Cal. Pen. Code sections 190, 190.1, 190.2, 190.3, 190.4, 190.5

For Author

John V. Briggs, Senator, State of California, 35th District; Donald H. Heller, Attorney at Law; Former Federal Prosccutor; Duane Lowe, President, California Sheriffs' Association; Sheriff of Sacramento County

Against Author

Maxine Singer, President, California Probation, Parole and Correctional Association; Nathaniel S. Colley, Board Member, National Association for the Advancement of Colored People; John Pairman Brown, Board Member, California Church Council

Rebuttal Author

Maxine Singer, President, California Probation, Parole and Correctional Association; Nathaniel S. Colley, Board Member, National Association for the Advancement of Colored People; John Pairman Brown, Board Member, California Church Council

Rebuttal Against Author

John V. Briggs, Senator, State of California, 35th District; Donald H. Heller, Attorney at Law; Former Federal Prosecutor; Duane Lowe, President, California Sheriffs' Association; Sheriff of Sacramento County

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