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LWV CA Ed Fund LEAGUE OF WOMEN VOTERS OF CALIFORNIA EDUCATION FUND
Nonpartisan Pros & Cons of

PROPOSITION 19

MURDER. BART AND CSU PEACE OFFICERS.

Legislative Initiative Amendment

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?

THE SITUATION

In 1998, voters approved Proposition 222 which enhanced criminal sentences for persons convicted of murdering police officers under specified circumstances. Later in 1998, the state legislature passed SB 1690 to include BART and CSU peace officers in the definition of police officers in the statute. Like Proposition 222, this provision amends an initiative statute, so is subject to voter approval.

The penalty for second-degree murder is 15 years-to-life in prison. When the victim is a specified peace officer murdered while on duty, the sentence may be increased to 25-years-to-life in prison, with the possibility of parole. When the intent to kill or to do great physical harm is proved, or when the killer uses a firearm or deadly weapon, the penalty may be a life-term without the possibility of parole.

THE PROPOSAL

Proposition 19 would add Bay Area Rapid Transit and California State University police to the list of peace officers whose murders call for stiffer sentences. The required penalty for second-degree murder of these specified peace officers would be imprisonment for 25-years-to-life with parole eligibility, and in certain cases, lifetime imprisonment without parole.

FISCAL EFFECT

Overall, since this measure will probably affect relatively few cases, the Legislative Analyst estimates that state costs will likely be minor.

SUPPORTERS SAY

· BART and CSU police take the same training, do the same kinds of work, and face the same risks as other police officers. They deserve the same protection that longer sentences would provide.

· The legislature voted overwhelmingly to make this provision law.

OPPONENTS SAY

· Enlarging the class of peace officers whose murders mandate more severe penalties means more criminals will spend more time in prison and incarceration costs will rise.

· Longer sentences do not deter criminals.

For more information:

Supporters: (510) 869-2490, website not available
Opponents: (626) 614-0630, www.ca.lp.org

(Analysis prepared by the League of Women Voters of California Education Fund
for the March 7, 2000 Election.)


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