Murder. BART and CSU Peace Officers. 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. It is generally punishable by a sentence of 25 years to life imprisonment with the possibility of release from prison on parole.

All other types of murder are second degree murder. Second degree murder is generally punishable by imprisonment for 15 years to life with the possibility of release from prison on parole. An exception is provided in some cases involving the second degree murder of specific peace officers identified in state law, including county sheriffs and city police officers, and various state law enforcement personnel.

Specifically, state law provides that if one of these specified peace officers is killed in the line of duty and the person convicted of the second degree 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 with the possibility of release from prison on parole. State law also provides that the second degree murder of a specified 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 measure requires longer prison sentences for offenders convicted of the second degree murder of law enforcement personnel working for the California State University system and the San Francisco Bay Area Rapid Transit (BART) District, consistent with penalties now provided for cases involving the murder of other specified peace officers in California. It would add peace officers working for these two public employers to the list of peace officers for whom a conviction for their second degree murder would result in a punishment of 25 years to life or, under certain circumstances, life imprisonment without possibility of parole.

Fiscal Effect

This proposition 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 could be increased state costs for appeals of sentences of life without the possibility of parole. These costs are unknown, but probably minor, because relatively few offenders are likely to be affected by this measure.

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