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

Proposition 222

MURDER. PEACE OFFICER VICTIM.
SENTENCE CREDITS.

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Legislative Initiative Amendment

THE QUESTION

Should the penalty for second-degree murder of a peace officer be increased to life imprisonment without the possibility of parole? Should those convicted of any murder not be allowed to earn credits in prison to reduce their sentences?

THE SITUATION

Second-degree murder is the crime of killing with the intention of killing but without deliberation or premeditation. Under California law, the penalty for second-degree murder is life imprisonment without the possibility of parole.

California law currently allows certain prisoners 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."

Both provisions of Proposition 222 need voter approval because they would amend an initiative passed previously by the voters.

THE PROPOSAL

  • A person convicted of second-degree murder of a peace officer engaged in the performance of his or her duties must be sentenced to life in prison without the possibility of parole.

  • No person convicted of murder may earn credits in prison to reduce his or her sentence.

FISCAL IMPACT

According to the Senate Appropriations Committee analysis, the fiscal effect of this proposition is unknown because increased incarceration imposed under the bill will not occur until approximately 2023.

SUPPORTERS SAY

  • Murder of a peace officer should be deterred by the strongest possible penalty for second-degree murder.

  • Convicted murderers should not be permitted to use work credits to reduce their sentences.

OPPONENTS SAY

  • A 1997 law already makes the penalty for second-degree murder of an on-duty peace officer life imprisonment without the possibility of parole.

  • Any prisoner serving less than a life sentence should have the opportunity to reduce his or her sentence with work credits.
(Analysis prepared by the League of Women Voters of California Education Fund.)

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Last updated: April 22, 1998
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