THE QUESTION Should Bay Area Rapid Transit (BART) police and California State University (CSU) police be added to the definition of peace officers whose murder brings a longer sentence for the killer? PROVISIONS For second-degree murder of specified peace officers, the penal code prescribes confinement in prison for 25 years to life, with eventual parole eligibility, or in certain cases, lifetime imprisonment with no release ever possible. Proposition 19 would add BART and CSU police to the list of specified peace officers. BACKGROUND First-degree murder is committed with the intent to kill, or in connection with certain other crimes, such as robbery, arson, or rape. A conviction for first-degree murder obtains a sentence of 25 years to life in prison, with the possibility of parole. Certain first-degree murders qualify for a sentence of execution or a term of life in prison with no release ever possible. Any murder not first-degree is second-degree murder. The penalty for second-degree murders is 15 years to life in prison. When the victim, however, is one of certain specified peace officers, who was murdered in the line of duty and whom the killer knew, or should have known, was a peace officer, the penalty is more severe. The sentence may range from 25 years to life in prison, and usually includes possible release on parole. In cases where the intent to kill or to do great physical harm to the officer is proved, or where the killer used a firearm or other deadly weapon, the penalty of a life term with no possibility of ever being released may apply. In general, a peace officer is an employee of a public agency whose job is to enforce the law. Among peace officers, tougher penalties now apply for second-degree murders of those listed in several sections of the penal code. They include, for example, county sheriffs, city police officers and administrators, marshals, inspectors and investigators for a district attorney, highway patrol officers, and parole and probation officers. Proposition 19 is a legislative initiative amendment. It is part of a law (Chapter 760, 1998) that passed the legislature and was signed by the governor. In the legislature, the bill was known as SB 1690. This part of SB 1690 amends an initiative statute. Voters therefore must approve the changes before they take effect. With Proposition 19, voters will decide whether defendants convicted of second-degree murder are eligible for "enhanced" sentences when their victims are members of the BART or CSU police departments. FISCAL EFFECT It is impossible to predict how many BART or CSU police officers will be murdered while on duty. In the event it happens, convicted killers will receive longer sentences. The cost of keeping these criminals in prison longer will be borne by the state. Overall, since this measure will probably affect relatively few cases, the Legislative Analyst estimates that costs will likely be minor. IMPACT OF YES OR NO VOTE A YES vote means convicted murderers of BART and CSU police officers would be sentenced to 25 years to life in prison. If aggravating circumstances exist in connection with the crime, a defendant may be sentenced to prison for life without parole. A NO vote means the law remains unchanged. Defendants convicted of murdering BART or CSU police officers are sentenced to 15 years to life in prison. SUPPORTERS SAY
OPPONENTS SAY
SUPPORTERS AND OPPONENTS The official ballot arguments in support are signed by Richard Rainey, State Senator, and Thomas M. Blalock, Vice President, BART Board of Directors. The official ballot arguments in opposition are signed by Gail K. Lightfoot, Past Chair, Libertarian Party of California; Ted Brown, Insurance Adjuster/Investigator; and Larry Hines, Legal Secretary. For more information: Supporters: Wade Gomes, 510-869-2490 Opponents: Ted Brown, Libertarian Party of California, 626-614-0630, email tebrown@earthlink.net, www.ca.lp.org
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