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 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 murder resulting from a ``drive-by shooting''--shooting someone from a motor vehicle--is a first-degree murder if the firearm was intentionally discharged with the intent to kill another person. Such a murder is punishable by a sentence of 25-years-to-life imprisonment with the possibility of parole. Such a murder is not a special circumstance warranting the more severe penalty of death or life imprisonment without the possibility of parole.
Proposal
This measure adds first-degree murder resulting from a drive-by shooting to the list of special circumstances punishable by the death penalty or life imprisonment without the possibility of parole.
Fiscal Effect
This measure would increase state costs primarily as a result of longer prison terms for offenders who receive a life sentence without the possibility of parole. The magnitude of these costs is unknown, potentially ranging into several millions of dollars annually in the long run.