Murder: Special Circumstances. Legislative Initiative Amendment.
	Analysis by the Legislative Analyst

Background

First degree murder is generally defined as murder that is intentional or deliberate or that takes place during certain other crimes. 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.

One such special circumstance involves cases in which the murderer intentionally killed the victim "while lying in wait." The courts have generally interpreted this provision to mean that, in order to qualify as a special circumstance, a murder must have occurred immediately upon a confrontation between the murderer and the victim. The courts have generally interpreted this provision to rule out a finding of a special circumstance if the defendant waited for the victim, captured the victim, transported the victim to another location, and then committed the murder.

A special circumstance can also be charged and found if one of a list of specific felonies, including arson and kidnapping, occurred during the commission of a first degree murder. However, the courts have determined that a special circumstance can be found in such a case only when the criminal's primary goal was to commit arson or kidnapping and only later a murder was committed to further the arson or kidnapping. The courts determined that a special circumstance could not be found in a case in which the criminal's primary goal was to kill rather than to commit arson or kidnapping.

Proposal

This measure amends state law so that a case of first degree murder is eligible for a finding of a special circumstance if the murderer intentionally killed the victim "by means of lying in wait." In so doing, this measure replaces the current language establishing a special circumstance for murders committed "while lying in wait." This change would permit the finding of a special circumstance not only in a case in which a murder occurred immediately upon a confrontation between the murderer and the victim, but also in a case in which the murderer waited for the victim, captured the victim, transported the victim to another location, and then committed the murder.

This measure also amends state law so that a case of first degree murder is eligible for a finding of a special circumstance if arson or kidnapping was committed to further the murder scheme.

As a result of these two changes in state law, additional first degree murderers would be subject to punishment by death or by life imprisonment without the possibility of parole, instead of a maximum prison sentence of 25 years to life.

Fiscal Effect

This measure would increase state costs primarily as a result of longer prison terms for the murderers who would receive a life sentence without the possibility of parole. Also, there would be increased state costs for appeals of additional death sentences, which are automatically subject to appeal to the California Supreme Court. The magnitude of these costs is unknown, but is probably minor, because relatively few offenders are likely to be affected by this measure.

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