Dave Cortese
- Democratic
- Senator
- District 15
Author
(1) Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law classifies a murder as murder in the first degree if it is willful, deliberate, and premeditated, is committed by specified means including poison, explosive, or torture, or if it is committed in the perpetration of, or attempt to perpetrate specified felonies, including robbery, carjacking, and rape. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person either, with intent to kill, aids, abets, counsels, commands, induces, solicits, requests or assists the actual killer in the commission of the murder, or is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law, murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, provides that a person, not the actual killer, who is found guilty of first degree murder, and who, with reckless indifference to human life and as a major participant in certain specified violent felonies, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted in the commission of that felony, shall be punished by death or imprisonment in the state prison without the possibility of parole. Existing law provides for amendment of these provisions by a23 vote of each house of the Legislature. This bill would repeal the aforementioned provision requiring punishment by death or imprisonment for life without the possibility of parole for a person convicted of murder in the first degree who is not the actual killer, but acted with reckless indifference for human life as a major participant in certain specified violent felonies. (2) Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance which is admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would repeal the provision prohibiting a judge from striking a special circumstance. This bill would declare that it is to take effect immediately as an urgency statute.
Ordered to inactive file on request of Assembly Member Kalra.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (August 11).
Coauthors revised.
August 3 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 1). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read third time. Urgency clause adopted. Passed. (Ayes 27. Noes 8. Page 1980.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Ordered to second reading.
Read second time and amended. Ordered to second reading.
From inactive file.
Ordered to inactive file on request of Senator Cortese.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1187.) (May 20).
Set for hearing May 20.
April 19 hearing: Placed on APPR suspense file.
Set for hearing April 19.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 689.) (April 6). Re-referred to Com. on APPR.
Set for hearing April 6.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 6.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB300 | HTML |
| 02/03/21 - Introduced | |
| 03/11/21 - Amended Senate | |
| 05/20/21 - Amended Senate | |
| 07/07/21 - Amended Senate | |
| 05/12/22 - Amended Assembly |
| Document | Format |
|---|---|
| 04/04/21- Senate Public Safety | |
| 04/16/21- Senate Appropriations | |
| 05/20/21- Senate Appropriations | |
| 05/25/21- Sen. Floor Analyses | |
| 07/09/21- Sen. Floor Analyses | |
| 05/31/22- Assembly Public Safety | |
| 08/01/22- Assembly Appropriations | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS |
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