Background
First-degree murder is generally defined in state law as murder which is planned in advance, or which takes place during certain other crimes, including robbery, kidnapping, rape, or arson. It is generally punishable by a sentence of 25-years-to-life imprisonment with the possibility of release from prison on parole. However, a conviction for first-degree murder results in a more severe sentence of death or life imprisonment without the possibility of parole if the prosecutor charges and the court finds that one or more ``special circumstances'' specified in state law apply to the crime.
Currently, a first-degree murder resulting from a ``carjacking''--taking a vehicle against the will of a driver or passenger by force or fear of force--is not such a special circumstance. However, state law specifies that carjackers can also be charged with robbery, which is a special circumstance crime. Consequently, under current law, a person convicted of first-degree murder during the commission of a carjacking and additionally convicted of robbery could be sentenced to death or life imprisonment without the possibility of parole.
Similarly, a first-degree murder resulting from the kidnapping of an individual during a carjacking is not considered a special circumstance. Such offenders could be charged, as the law allows, with kidnapping as a special circumstance crime resulting in a sentence of death or life imprisonment without the possibility of parole.
Finally, state law provides that the first-degree murder of a judge, prosecutor, or certain other public officials is a special circumstance punishable by a sentence of death or life imprisonment without the possibility of parole. However, the law does not provide such a penalty in the case of the first-degree murder of a juror.
Proposal
This measure adds first-degree murder during either a carjacking or a carjacking-kidnap to the list of special circumstances punishable by the death penalty or life imprisonment without the possibility of parole. This measure also specifies that the first-degree murder of a juror--either in retaliation for performing his or her official actions or to prevent the juror from carrying out his or her official duties--is a special circumstance.
Fiscal Effect
Because this measure increases the number of crimes for which the special circumstances for first-degree murder applies, it would result in longer prison terms for some offenders, thereby increasing state costs. However, state law already permits carjackers or carjack-kidnappers who commit first-degree murder to be charged with robbery or kidnapping, thereby subjecting them to the harsher penalties for special circumstance crimes. Thus, the changes in the law made by this measure explicitly listing those two crimes as special circumstances are likely to result in minor additional incarceration costs.
The provision of this measure designating the first-degree murder of a juror as a special circumstance crime is likely to have little fiscal effect because such crimes occur infrequently.
In summary, we estimate that the measure would probably result in minor additional state costs.