Murder. Peace Officer Victim. Sentence Credits. Legislative Initiative Amendment.
	Analysis by the Legislative Analyst

Background

Under California law, there are two "degrees" of murder.

First degree murder is generally defined as murder that is intentional or deliberate, or that takes place during certain other crimes, including arson, rape, or robbery.

All other types of murder are second degree murder. It is generally punishable by imprisonment for 15 years to life with the possibility of parole. An exception is provided in some cases involving the second degree murder of a peace officer.

State law provides that certain prison inmates who participate in work and education programs or who demonstrate good conduct while in prison shall receive credits that reduce the time they must stay in prison. However, any person convicted of second degree murder of a peace officer is ineligible to receive these credits.

State law also provides that if a peace officer is killed in the line of duty and the person convicted of the murder knew or should have known that the victim was a peace officer, the crime is punishable by a prison term of

25 years to life. Under a law that was enacted in September 1997, the second degree murder of a peace officer is punishable by a longer term of life in prison without the possibility of parole if it is also found that the murderer specifically intended to kill or greatly injure the peace officer, or used a firearm or other dangerous weapon in the crime.

Proposal

This proposition provides that no person convicted of murder is eligible to receive credits that reduce the time he or she spends in state prison. This measure also places before the voters a provision that is virtually identical to the law enacted in September 1997 relating to the second degree murder of a peace officer.

Fiscal Effect

This proposition would increase state costs primarily as a result of longer prison terms for the murderers specified by the measure. However, these costs are probably minor, because relatively few offenders would likely be affected.