HomeMy WebLinkAbout03/09/1988 Pat DeMond, Chair
Kevin McDermott
Mark C. Salvaggio
Staff: Trudy Thornton
AGEN'DA
LEGISLATIVE COMMITTEE
MEETING
March 9, 1988, Wednesday
4:45 p.m.
City Manager's Conference Room
ITEM #1
ENDORSEMENT OF CRIME VICTIMS JUSTICE REFORM ACT OF 1988
(INITIATIVE)
319/88
ENDORSEMENT FOR CRIME VICTIMS' JUSTICE REFORM ACT OF 1988
S Y n~!~_~__:
The Crime Victir~s' California Justice Cor~lr,littee, of which
District Attorrley Ed Jagels is the State ChairrJ~an, has requested
and received endorsement of the Crir~e Victir~s Justice Reforr,~ Act
of 1988. Senator Edward R. Royce, 32nd Senate District and
Constitutional Amendments Chairman, has been very active in
pror,~oting the initiative. Main features of the Act,~ ar~ong
others, include restoring the Grar, d Jury's indictr,~ent functior, s,
reestablishing the rule allowir, g consolidation for trial of
defendant cringes of the sa;,~e class, providing reciprocal
discovery obligating the defense as well as prosecutior, to turn
over evidence in advance of trial, and requiring that the
California Supre~e Court interpret provisions of the California
Constitution the sa~,~e as the U.S. Supre~e Court has ir, terpreted
those sa~e provisior, s in the U.S. Constitutior,.
The initiative has so far received endorsen~er, ts frc,~,~: the
California District Attorneys Association, the California ~Police
Chiefs Association, the Kern County Police Chiefs Associmtior,,
Cmli'~=orr, ia Peace Officers Associatior,, California Cc, rrectional
Peace Officers Association, Southerr, California Fraud
Investigators Association, Inglewood Police, the Kern County
Board of Supervisors, and nun~erous victim, s coalitions. Chief of
Police Patterson supports the initiative effort. Accc, rding to
Interin~ City Attorney Art Saalfield, there is no legal reasor, for
not supporting the initiative.
The League of California Cities has not taken a stand on the
initiative as it is the League's policy not to do so before ar,
initiative has qualified for the ballot.
St at us:
The Initiative needs to gather 600,000 valid registered
voter signatures by rs~id-May irs order to be placed ors the Nove;J~ber
ballot. Mayor Payne has indicated that a resolution passed by
the City Council needs to be to the State by March 27. If this
is to occur, the Council needs to act on it nc, later than the
~,~eeting of March 16.
Er, dorsemer, t for Crime Victims'
JUstice Reforr,~ Act c,f 1988
Page 2
Attachmer, ts:
1) Admir~istrative Report, March 16, 1988
2) Copies of material referred by Mayor Payne: Crime Victirl~s
Califorr, ia Justice Com~ittee letter of Feb. 1, 1988; Ed
Jagels memo on Crime Victims Justice Reform Act of Feb.
Feb. 5, 1988; resolutior~ passed by Board of Supervisors or,
Feb. 9 er~dorsir~g the initiative
3) Copy of Ser~ator Royce's letter of Feb. 24, 1988 to Crime
Victims Organizatior, s
4) Copy of letter of Feb. 25, 199 to Chief Robert Pattersor~
from Ed Jagels regardir~g ir, itiative.
5) Copy of proposed resolutior, for review by Committee.
6) Crime Victims' Justice Reform Act Fact Sheet (Jar,. 1988)
7) Copy of initiative measure.
Meeting Date:
March 16, 1988
Agenda Section:
Reports
Agenda Item:
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Approved
FROM: LEGISLATIVE COMMITTEE Department Head
DATE: March 8, 1988 City Manager
SUBJECT: Report No. 2-88 from the Legislative Committee regarding Endorsement
of Crime Victims Justice Reform Act of 1988 (Initiative).
NOTE: The Committee Report was not available at the time of packet
distribution. Copies of this report will be distributed at the Council
meeting.
RECOMMENDATION:
BACKGROUND:
ALL pertinent background material is available in the Clerk's Office
and will be available at the Council Meeting. This material should be
reviewed.
.alb
RPT.21
CRIME VICTIMS'
CALIFORNIA JUSTICE COS 5IITTEE
February 1, 1988
The Board of Supervisors
1415 Truxtun Avenue
Bakersfield, CA 93301
Dear Members of the Board:
For many years, we have watched the criminal justice system
in California become'more and more expensive. Each year, the taxpayers
are asked to shoulder an ever-increasing burden of financial support
for the courts.
At the same time, we see the victims of crime treated
shabbily by the criminal justice system, forced to endure lengthy
delays and to testify over and over again at pretrial hearings.
We see witnesses forqed to accept economic hardship and inconvenience
as they too are required to testify on multiple occasions and to
endure innumerable delays. Finally, we see jury service becoming
an increasingly onerous task, as the jury selection process becomes
longer, more tedious, and more intrusive.
It is with these thoughts in mind that the undersigned
request the Board's endorsement of the Crime Victims Justice Reform
Act of 1988, an initiative which we hope to qualify for the November,
1988 ballot. This Act would streamline criminal procedures, saving
a great deal of money and time. It also would vastly improve the
treatment meted out by the system to victims, witnesses, and jurors.
The salient features of the Act are these:
1. Restores the Grand Jury's indictment function;
2. Allows the judge, rather than the lawyers, to ask most or
all of the questions during jury selection, and limits those
questions to areas involving the jurors' legal competence
to serve;
3. Reestablishes the rule allowing consolidation for trial
of a defendant's crimes of the same class, thus reversing
a devastating Bird Court decision;
4. Provides for prosecutorial discovery;
5. Allows experienced police officers to testify to hearsay
at the preliminary hearing;
6. Reverses a number of Bird Court rulings on the death penalty;
7. Establishes the 'crime of torture;
8. Establishes a victim's right to due process and speedy trial;
9. Creates sanctions for attorneys who delay' the proceedings
without good cause;
lO. Abolishes the theory of "independent state grounds," thus
forcing the California Supreme Court to interpret the
California Constitution in conformity with identical
provisions of the United States Constitution.
ll. Requires the admission of important evidence which heretofore
has been suppressed by Bird Court rulings.
The Crime Victims Justice Reform Act has the endorsement
of the California District Attorneys Association, the California
Police Chiefs Association, the California Peace Officers Association,
and the California Correctional Peace Officers Association. We hope
you will agree that its passage is crucial, and that you will act
on the enclosed resolution.
Very truly yours,
KARL HETTINGER EDWARD R. ~GELS
Kern County Chairman State Chairman
ERJ/em
· KERN COUNTY
TO : Supervisor Pauline Larwood ~J~' DATI~: February 5, 1988
RECEIVED
FRO~ ~ Edward R. Jagels, District Attorney Telepho:,e No. FEB 2r i~i~l
subJeCT.. Crime Victims Justice Reform Act ~h~,~:-,~,'. r..../.-.~ u.r, vc~
This memorandum is in response to your request for more detailed explanation
of the points made in Karl Hettinger's and my letter to the Board dated February
1, 1988. The numbers below refer to the points made in the original letter.
1. Ten years ago, the Bird Court destroyed' the Grand Jury's indictment
power, thus requiring that all felony defendants have a preliminary hearing. Recent
studies indicate that this decision is costing the state tens of millions of dollars
a year. [t probably costs Kern County a minimum of two million dollars. Of course,
the inconvenience and economic cost to victims and witnesses has also been
considerable. This section would restore the Grand Jury's indictment function,
which is clearly mandated by the State Constitution.
2. California has the most expensive and time-consuming jury selection
process in the country. 'It can literally take longer to choose a jury than to
hear the evidence. Selection of a death penalty jury can take up to six months.
There are two reasons jury selection takes so long in California; first,
a Bird Court decision, People v. Williams, which greatly expanded the questions
that lawyers may permissibly ask; second, in California, in contrast to the federal
system and that of many states, the lawyers, rather than the judge ask most of
the questions. ,
In the federal system, where the judge asks the questions, jury selection
takes approximately one-tenth the time it does in state court. It is estimated
that adopting a jury selection process similar to that of the federal courts would
be the equivalent of increasing California's courtroom capacity by 20%, all without
spending any additional funds.
3. In a case called People v. Smallwood, the Bird Court abrogated Penal
Code Section 954, which states that a defendant may be tried in one consolidated
trial for all his crimes of the same class. The Smallwood decision means that
in many, if not most cases, a defendant accused of similar crimes is entitled to
a separate trial on each .crime. The impact on the taxpayer has yet to be fully
determined, since Smallwood came out only a few weeks before the Bird Court left
office. However, ~ts impact clearly will be devastating. For example, the alleged
"Nightstalker" could conceivably be entitled to 14 separate death penalty trials,
at a cost of a million dollars apiece. This section of the initiative would return
the law to what it was prior to the Smallwood,decision.
4. In California, the prosecution must give to the defense every shred
of evidence it has concerning the case. However, unlike the rule in many states
KC 96-5005
and in the federal system, in Californi~a the defense does net give any of its
evidence to the prosecution in advance of trial. Th~s allows the defense to u~e
last minute "surprise" witnesses, leaving the prosecution nj: opportunity to check
the accuracy of th~-ir testimony. The initiative would provide for reciprocal
discovery, obligating the defense to turn over. its evidence in advance w~th the
exception of the defenCant's statement. '
5. In California, witnesses are subjected to entirely unn~'cessary
inconvenience, economic hardship, and harassment by being forced to testify over
and over again in pretrial hearings. This provision would allow police officers
to testify to the statements of victims and other witnesses at the preliminary
hearing only, thus returning the preliminary hearing to its original function as
a short reasonable cause hear.lng, rather than the "mini-trial" which it has become
today. This provision is expected to save tens of millions of dollars state-wide.
6. The Bird Court engaged in incredible evasions to avoid the imposition
of the death penalty. This section would reverse many of those rulings, bringing
application of the death penalty back into line with the original intent of the
electorate.
7. This provision establishes the crime of torture. It would apply to
defendants such as Larry Singleton. As you probably know, Singleton, who raped
a 14 year old girl and then cut her arms off with an axe, was released after 7~
years in prison. The initiative' would create a miximum penalty of life in prison
with possibility of parole.
8. Presently under the California Constitution and in our statutes, only
the defendant has a right to due process and speedy trial. This section establishes
a victim's right to the same things, thereby creating a balancing test for the
judiciary in determining what action to take on various procedural motions.
9. This section speaks for itself. It provides the court with the tools
to punish attorneys who willfully delay the proceedings.
10. The principle of "independent state grounds", an invention of Justice
Stanley Mosk, has allowed the California Supreme Court, as the final arbiter of
the meaning of the California Constitution, to interpret various phrases or sections
of that Constitution in a way inimical to the United States Supreme Court's
interpretations of identical phrases or sections of the United States Constitution.
~n short, it has allowed the California Supreme Court to create a mountain of
procedural and substantive rights for defendants which are not required by ~he
United States Constitution. Thus, by' judicial fiat, a hugh body of pro-criminal
defendant contitutional law has been developed in California. This section of
the initiative would require that the California Supreme Court interpret provisions
of the California Constitution the same as the U.S. Supreme Court has interpreted
those same provisions in the U.S. Constitution.
ll. This point is really a part of the previous one. Through a variety
of rulings, the Bird Court managed to cause the suppression of important evidence,
either physical evidence or admissions and confessions, which would have been
admissible in any other state. The initiative would return the law of search and
seizure and confessions and admissions to the federal standard.
-2-
5cforc thc 5oard of Supcr'0b:.-rs
Counb of. 5 te of .C..alifotmia
In ~en,eM~ o~ Re~l~ionNo. 88-139
ENDORSEMENT OF CRIME R~ceNo. 888199
VICTIMS JUSTICE REFORM
ACT OF 1988
I, SHARON CLARK, Clerk of the Board of Supervisors of the County of Kern, State of California, do hereby certify that the
following resolution, proposed by Supervisor .. Hetttn~er , seconded by Supervisor
Austin
, was duly passed and adopted by said Board of Supervisors at an official
meeting hereof this 9th day of .. February ., 19 88 , by the following vote, to wit
AYES: Ashburn, Austin, Larwood, Hettinger, Shell
SHARON CLARK
NOES: None Clerk of Ihs Board of Supervisors,
~ ~ ///tats of Callf~~ County of Kern
ABSENT: None By / _ _ ~Depu-%/Cle -
tlTtOn
Section 1. WHEREAS:
(a) California's criminal Justice system has, primarily
by Judicial decision, increasingly favored the criminal defendant at
the expense of the victim, witnesses, and Jurors: and
(b) The cost of California's criminal Justice system has
steadily increased and is unnecessarily high: and
(c) The Crime Victims Justice R~form Act of 1988 is
designed to protect the rights of victims, witnesses, and Jurors, and
to reduce the cost to the taxpayer of maintenance of the criminal
Justice system:
Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board
of Supervisors of the County of Kern, State of California, as
fo/lows:
1. This Board does hereby endorse the Crime Victims
Justice Reform Act of 1988, and urge the citizens of Kern County to
support it.
2. The Clerk of this Board shall transmit copies of
this ResoJutlon to the following:
(a} District Attorney
County Administrative Office
(c) County Counsel
SDS:wi
STATE~APITOL. ROOM 4053 .~ "' '' ' CONSTITUTIONAL AMENOMENTS
¢ (916) 445-~31 ~. ~ ~BLIC EMPLOYMENT AND
. R~IREMEN~ VICE CHAIRMAN
1~1 NO~ ~YMONO AVENUE ~211 t' ; R~ENUE AND TAXATION.
~AHEIM. CA 92~1 ~ ~ ' ~ ~ VICE CHAIRMAN
alif0 'nia i [ature
(215) 721 -$218 ~ BUSINESS AND PROFE~IONS
H~L~ AND HUMAN SERVICES
::,:.t~./ ~ ,?:- ~ ~.~,-~ - ' "~ HOUSING AND URBAN AFFAIRS
'5 .--". ~ ' SELECT COMMI~EE ON
~ ~ ~~/'. ~ '~ "Y ' ORUG AND ALCOHOL ABUSE
"~' ~ ~--~~ = ; ~ SELECT COMMI~EE ON
GOVERNMENTAL EFFICIENCY
~ ..... --~5~". '- ,.~~., , ~ ...... ....... :' .. T~ . . . ~E STATE'S ECONOMY
~ ~ '~i'~ ",~'- ~) ~ ~~'r~ ~'~-;'' '-~2~ ~-'~!;'~ · JOINT OVERSIGHT COMMI~EE
~ . , ~' ' , X~'~,¢ , ,~¢~';.r,,~ · :' ;t~;t,'.:: :~.~ ' ;~ , SENATE COMMISSION ON
~' / , Z~ ~*-e~-~t~q1 ~ATE;S~ATOR.' ' ~:'~.~'~ ' ~. COn. RATE ~OVE~NANC~
~e THIRd-SECOND DISTRICT : .,. ~.~,,~ ~AREHOLDER RIGHTS AND
SECUR~IES ~ANSAC~ONS
Pebr=t=5 2~, 1988 "~z'=~::'~-
~o: O~[me V[ct[ms Orggn[z~[ons
Prom: 5~ngtov ~d Rojce
SubVert: ~he "0vlme Victim's austlce Reform Act"
It w~ Just 14 months ago that you and millions of other
concerned citizens voted to rid our state's Supreme Court of Rose
Bird, Joseph Grodin and Cruz Reynoso. However, the Bird legacy
remains in the hundreds of important pro-criminal decisions
handed down by her court. Those decisions, which are still on the
books today, could remain there for 10, 20, or 30 years unless we
act now.
We c~n overturn the worst decisions of the Bird Court and restore
sanity to our stare'laws by passing the "The Crime Victims'
Justice Reform Act" next November. In order for the voters to
have the chance to change the laws, we must gather 600,000 valid
reg~ .
~s:ered voter signatures over the next 60 days
Among the many organizations endorsing our cause are: California
District Attorneys Association, The California Police Chiefs
Association, The California Peace Officers Association, Southern
California Fraud Investigators Association, Inglewood Police
Incc-~crated. p and numerous v1~*~--.o coali*~
Please do your part to undo the damage~ done by Rose Bird's Court
by circulating these petitions. We ask that all lines on the
petitions be completely filled before being returned, including
the clrculator's signature at the bottom. To further assist our
effor;, we would like you to enclose a letter of endorsement on
your organization's letterhead.
WorkLng together, we will reverse the damage done by the Bird
Court and restore Justice to our state's criminal laws. I know I
can caunt on your assistance, with this important effort.
If you need additional petitions, please call (714)992-11~3 or
write to me at P. O. Box 4325, Anaheim, CA 92803.
NOT PRINTED OR MAILED AT STATE EXPENSE
COALITION ON VICTIMS EQUAL RIGHT
1251 W. Sepulveda Bl?d. #119
,, Torrance, California 90502
'' (213)534-1090 Ext. 47 ~ .~
February .18, 1988
TO: ALL VICTIMS ORGANIZATIONS AND SUPPORTERS
FROM: DORIS TATE AND SHIRLEY ALMEIDA (C.O.V.E.R.)
SUBJECT:NEW STATE-WIDE VICTIMS COALITION AND MEETINGS
WE NEED YOUR HELP AND YOUR AGENCY'S INPUT! COVER IS IN THE PROCESS OF
DEVELOPING POLICY'S AND PROCEDURES. WE ARE INVITING ONE MEMBER OF YOUR
AGENCY TO SIT ON OUR ADVISORY BOARD·
COVER HAS MADE A COMMITMENT TO CIRCULATE. PETITIONS FOR "THE CRIME
VICTIMS JUSTICE REFORM ACT OF 1988" STATE WIDE THE PETITIONS ARE IN!
, ·
WE ONLY HAVE UNTIL APRIL 1, 1988 TO GATHER NINE HUNDRED THOUSAND
SIGNATURES· PLEASE PLAN ON ATTENDING A MEETING IN YOUR AREA·
OUR MAIN GOALS CONCERN: "
1 LEGISLATION
2. PUBLIC AWARENESS AND COMMUNITY EDUCATION
3. VICTIM EDUCATION
Please Join us at one of the following locations near you for our next
meeting:
ORANGE COUNTY: SUNDAY, FEBRUARY 28, 1988 12:30 - 2:30pm
MADD oFFICE - 523 N. GRAND AVE., SANTA ANA (CORNER OF 6TH AND GRAND --
PARK IN REGISTER PARKING LOT ON SOUTH SIDE OF 6TH STREET) (714) 532-MADD
LOS ANGELES: MONDAY, MARCH 21, 1988. 7-gpm - TORRANCE LIBRARY: CIVIC
CENTER - 3301 TORRANCE BLVD.' TORRANCE.
SAN DIEGO: MONDAY, FEBRUARY 22, 1988 - 5:30 - ?:30pm - HARPER BLDG:
7985 DUNBROOK RD. #A- SAN DIEGO-619-729-1885.
COMPLETE AND MAIL AS SOON AS POSSIBLE TO COALITION ON VICTIMS EQUAL
RIGHTS
NAME PHONE
ADDRESS ORGANIZATION
ZIP
Yes, I will be able to attend the meeting in .
No, I'm sorry, but I am unable to attend the meeting but please
keep me on your mailing list.
$25.00 Individual or $50.00 Organization
Please Accept my donation to C.O.V.E.R. for
NOTICE: Watch for Dr. Joel Norris on a segment of the Phil Donahue Show
entitled "Serial Killers" which will be airing near the end of February.
COALITION ON VICTIM EQUAL 'RIGHTS
February 18 1988 ~./~...~..... ..:f~.~.i:.'(~'~.~:! C.O.V.E.R. ~-..~ '..~ .~'...-.i
, '-' ' i~. ~' '..'..:' "' .... :'.'/ii:': ' '
EXECUTIVE BOARD MEMBERS'.
PRESIDENT & FOUNDER '..... ,~: .'.,' ,'," · DOris Tate,'.i:Pres.,. .. .... P.O.M.C
VICE PRESIDENT . Shirley Almeida, Victimology'Specialist
SECOND VICE PRESIDENT · '.."'j). .,. "' .'~ Dr. joel Norris,-Psychologist
TREASURER . . Lt. J hn Gillis, L.A.P D.
~;. ..,. ...j...'-'" .;'"' .~ .:~.~..~... ~.~ .' .~-...:.~'.... . "..-......... . ... '.. [' .., . ,.
SECRETt. BY ' .'- ''"f.~.f. ....... .~Jen Royce, Research Analyst .' .
c ·
PUBLI RELATIONS ..... ~ ':-... '~ ....... .... Dep. D.A. Sterl Norris L.~
STATE BOARD MEMBERS
FRESNO STATE BOARD Ronda Anthony, MADD
L.A. STATE BOARD John ~illis, Lt., L.A.P.D.
ORANGE CO. STATE BOARD Jeanne Preble, M.F.C.C.
Jen Royce,Research Analyst
SAN DIEGO CO. STATE BOARD Kathy O'Connor, San Diego Electronics
. ' Network
Judith Rowland, Founder oF CA Center
fo~ Vi'ctimology
SAN BE~ARDINO CO. ST. BOARD Jan Simpson, Director, San Bernadino
'~ Sexual Assault Services
SACRAMENTO CA. STATE BOARD Lu Santos-Coy, P.O.M.C., Founder
Network for Homicide Survivors
ADVISORY BOARD MEMBERS
ADVISORY BOARD Don Floyd, Founder o£ Crime Victims For Court Reform
ADVISORY BOARD Theresa Saldana, Founder of Victims for Victims
~DWISORY BOARD John Cioffi, Ex-Mayor o£ Hermosa Bch.
Dear Friend, . . . -.~' ,,}'
When we removed Rose Bird, Cruz ReynoSo
and Joseph Grodin from the State Supreme·
Court, we tookan important step toward
restoring justice: to our judicial system?'::.-!?.'-
The Bird Court left behind a legacy of bad
.:Jecisions which'will remain on the books in-
definitely unless we move to overturn them
~ow, with a statewide initiative..; "..';.:. :', ".
~rime Victims' Justice Reform,. Initiative
e most imp(Srtant criminal justice reform
measure ever proposed in California. It is sup-
ported by victims' groups, prosecutors, law.. Senator Royce and Pat Croft, President of Orange
9nforcement and the same grassroots coali-
County Mothers Against Drunk Driving. MADD has
tion of citizens who successfully ousted the endorsed the Crime Victims' Justice Reform
Bird Court. And it is opposed by the same
group of powerful criminal defense lawyers Initiative,
who contributed, millions of dollars 'to Rose
Your help is needed if we are to be successful
in q~alifying this. initiative for the statewide THE "CRIME VICTIMS'
ballot. By volunteer ng, contributing, or simply JUSTICE REFORM
signing the petition, you may be the keyto our
. ~ ED ROYCE '-: by the Rose Bird Supreme Court.
.: · Strengthens our Death Penalty Law.
· Provides Fair & Speedy Trials for Crime
.... ' Senator / . ':"" Victims.
32nd District
· Enacts a "Larry Singleton law" to keep
criminals who torture victims in prison for life.
' ./ICTIMS HAVE ·Savesmoneybypr°hibitingunnecessarytrialdelays.
RIGHTS TOO. - -· Stops defense attorneYs .from abusing crime ~
THE "CRIME VICTIMS' * * * * * * * * * * * * * * * * * * *
JUSTICE REFORM ACT" Leaders in the successful campaign to
defeat Rose Bird, Cruz Reynoso and Joseph
An Interview with State Senator Ed Royce Grodin have joined together to form the
California Crime Victims' Justice Committee,
sponsor of the Crime Victims' Justice Reform
Initiative. The initiative is based on legislation
introduced at the State Capitol by Senator Ed
e. What is the "Crime Victims' Justice Royce and Assemblyman Ross Johnson.
Reform Act?" That legislation has been sidetracked through
the efforts of the powerful criminal defense
A. A ballot initiatiVe to strengthen the death lobby which dominates the legislative commit-
penalty, give crime victims more rights, tees which hear criminal justice bills.
speed up the criminal justice system and 'Now it's time for the people to act on their
overturn, many of the worst decisions hand-
ed down by the Rose Bird Supreme Court. Senator Royce and Governor Deukmejian are work- .... own behalf to put justice back into the system.
ing for tougher laws against criminals and better treat- ..: Your support for the Crime Victims' Justice
ment for crime victims. Reform Initiative is needed now.
Q. Why is this initiative necessary?
which set criminals free on technicalities e.' Who supports the "Crime Victims
;. · · I ENDORSE THE CRIME VICTIMS'
and forced victims to needlessly suffer, will Justice Reform Act?" , .~..
~ ~.~.~-:~ JUSTICE REFORM ACT
remain on the books for many years unless
the people of California pass the "Crime A, Crime victims groups, law enforcement, :- __ Please send me __ petitions to
Victims' Justice Reform Act." Furthermore, prosecutors, tough on crime judges, '.' ~' circulate.
trials in California can take months or years legislators, and local officials. The official
to complete at great cost to the taxpayers, sponsor of the initiative is the Crime Vic- Please advise me of future precinct
tiros' California Justice Committee, a group .:, walks and signature gathering
comprised of the leaders of the successful ?: ::!;:: activities.
Q. Why do trials here take so long? campaign to defeat Rose Bird.
i · I will contribute $ to help
A, The State Supreme Court under Rose Bird i;:?.?: qualify the initiative. Make your
~ ".:' check payable to: "Crime Victims'
. created rights for criminals in California that '~ Justice Committee"
don't exist in other states or in federal court. Q. Convicted criminal Larry Singleton, who
. Defense Attorneys here often delay cases raped and dismembered a young girl, ~-. ".
for months or even years, as part of their was recently released after serving only -. Name
courtroom strategy. A state funded publica- eight years in prison. Does the initiative
tion which advises defense attorneys on do anything to keep criminals like Larry ~ Address
courtroom tactics says that the defense Singleton behind bars?
should "engage in a paper war", "delay", ' City Zip.
and be prepared to say "all the bad that can A. Yes. Under the "Crime Victims' Justice
be said about the victim." Our initiative re- Reform Act," criminals such as Larry .. Phone
quires hearings and trials to be set within Singleton who torture their victims will be
Please mail to: '
specified time limits, put away for life. ·
;.:. Senator Ed Royce/Crime Victims' Justice
~ Committee
~',?'!' P.O. Box 4325
' USTICE FOR CRIME VICTIMS Anaheim, 0A92803 (714)992-1143
EDWARD R. JAGELS .... .~'~" CRIMINAL DIVISION'
DislrJcl Attorney ~,~,~~.~ Kern Co. Justice Building
: . ~ 1215 Truxtun Avenue
- Bakersfield, California 93301
(805) 861-2421
. February 25, 1988
Chief Eober~ Patterson ". ''.
Bakersfield Police Department ' - .
1601 Truxtun Avenue ~ '
Bakersfield, California 93301
.... Dear Chief Patterson:
.... Thank you again ~or your endorsement of the Crime Victims Justice
Reform Act of 1988 by th~ Kern County Police Chiefs Association and ~lso for
your offer of help in circulating petitions. ' 600,000 signatures from
registered California voters must be obtained statewlde before mid-May to
· qualify this initiative..
Criminals in California now' enjoy greatev rights than criminals
prosecuted in federal courtS, or in the courts' of most other states. From
arrest 'to sentencing, tile process, is far '~00 lengthy, much too expensive, and
unfairly biased in favor of tile criminal. The rights of victims, witnesses,
jurors and taxpayers are largely.ignored.' ~- .... :-'.iI ..
Dissatisfaction with our.legal system is the primary'reason that
.- Californians voted overwhelminglY.'to remoV~-Bird,"Grodin and Reynoso from the
"-.' ' California Supreme CoUrt i~...1986. But decisions of the Bird court still
control criminal investigations and trials in this state. '.
The crime Victims'Justlce Reform Act of 1988 was written by prosecutors
and' victims. Only one District Attorney in' this state has not yet endorsed
this measure. It has been endorsed by the California Police Chiefs
Association, California Peace Officers Association, California Correctional
Peace Officers Association, the Kern County District Attorney's Association,
your Kern County Police Chief's AssOciation, and the Kern Couuty Board of
Supervisors.
Through this initiative California's sta!e constitution iS amended to
specify that tile rights of criminal defendants in California are no greater
than the rights gt~aranteed them by the federal constitution. This eliminates
"indepeadent state grounds." the artifice by which the Bird court expanded the
~'ights of cr:i~,inals in California under"the state constitutiou; and ignored
federal cases i~terpretiug identical provisions of the United States
Constitution.
The constitution is also amended to.specify that the rights of the
People to a fair, public and speedy trial are equal to the rights of the
defendant.
The federal system of jury selection is adopted. Ordinarily only the
Judge will be allowed to ask questions of prospective jurors, and only
questions pertaining to excuse for'legal cause will be asked. Attorneys will
not get to ask'questions. This change alone is estimated to increase the work
capacity of the courts by'2.0% by shortening trials. In death penalty cases the
trials should be shortened by. monthsl
A system of reciprocal discovery Successfully used tn many other
jurisdictions is adopted. Presently law enforcement must give the defense
everything it has discovered in its investigation, but Is not entitled to
anything from the defense. Under-reciprocal discovery the prosecution ~ill
have the same opportunity to investigate defense claims and evidence .that the
defense now enjoys~ Prosecution and defense are placed on equal levels.
Surprise ~vitnesses, such as defense "experts," and phony alibis will be
eliminated. -'
Important changes are made in the conduct of preliminary hearings. .The
defense is precluded from using the.hearing as a deposition of witnesses.
Police officers who Investigated the case will be permitted to testify to
hearsay at preliminary hearings,'ellminattng the need to call many witnesses.
This will save a lot of overtime expense for police agencies. The requirement
of a post indictment'preliminary hearing, an expensive Creation of the 8ird
court, is also eliminated. This will avoid extended preliminary hearings in
major cases, Some of which have taken ove'r.-stx months! ' ·
Only the major features 'of this inifiattveare described here.. ~lany
other amendments to the Penal Code are made, Including an increase in the
penalty for second degree murder of a peace officer killed in the performance
of his duties from 15-tOklife to 25-to.-life, with no parole before 25 years.
Other reforms are summarized in the attaChed.Fact Sheet.
Again I 'express my appreciation and thanks'for your support. Please
have all petitions that Your members circulate returned to me at the District
Attorney's Office. I must keep'track of how well we are doing. Also, please
ask everyone to carefully read and follow the instructions on the petition.
Errors can result in disqualification of the petition.
Very truly yours,
Thd~aas O. SfJarks
DRAFT
Reso 1 ut ion Nc,.
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ENDORSING THE CRIME VICTIMS'
JUSTICE REFORM ACT OF 1988
WHEREAS, California's criminal justice syster~ has, prir~arily
by judicial decisions, increasingly favored the crirJ~inal
defendarJt at the expense of the victir~, witnesses, and jure, rs;
and
WHEREAS, the cost of California's crir~inal justice syste~
has steadily increased and is unnecessarily high; and
WHEREAS, the Cri~J~e Victi;,~s Justice Refor~ Act of 1988 is
designed to protect the rights of victi~,~s, witnesses, and jurors,
arid to reduce the cost to the taxpayer of ~air, ter, ance of the
crir~inal justice syste~;
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council
of the City of Bakersfield, that the Council hereby endorses the
Cringe Victi~s Justice Refor~ Act of 1988 and encourages the
citizens of Bakersfield to support it.
CRIME VICTIMS'
CALIFORNIA Jcs c .
CRIHE VlCTIHS' JUSTICE REFO~ ACT OF 1988
Fact Sheet -- January 1988
The Crime Victims' Justice Reform Act of 1988, which will
appear on the November 1988 ballot, addresses those reforms
necessary to reverse the' damage created by Bird Court rulings.
The Crime Victimst Justice Reform Act of 1988 includes
reforms which will:
1. Revise the "intent to kill" rule on the death penalty.
The Bird Cour~ used ch£s rule to overturn the death penalty for
a killer who shot a Brink's guard five times ia the chest at
poin~-blaak tease. Birdts reasonin$ was that the criminal may
have been Just trying "to wound the guard, so chac he would
release the money bas.'
2. Provide consolidation of cases.
This would overturn a Bird Cour~ decision which may give
multiple murderers a separate trial for each victim they
have killed. Under the current rule, the infamous "Night
Stalker~ could receive l& separate loss and expensive trials.
3, Create a victimts right ~o ! speedy trial.
Bird Court decisions currently make ic easy for defense
lawyers to create los8 delays ia trials, making ma~or trials
ia California ~ast far longer chart in most other states.
~. Restore the ~rsnd ~ury system, and reform the
preliminary hearin~ rules.
Bird Court decisions currently give defendants the right ~o
lengthy pre-trial hearings before they can be put on trial.
These hearings may cake over a year and cost millions of dollars.
$. Create a new felon! crime of torture.
In response co the Singleton case, vicious criminals who
commit torture could be sentenced co life without parole.
The initiative con~aias the components of a legislative reform
package which was oaken through the California legislative
process durra8 1987, ~n all, over 1! months have been spent
drafting and critiquing the initiative with review from over 100
.attorneys.
The Crime Victims* Justice Reform Ac~ of 1988 is being
advocated by the Crime Victims~ California Justice Committee
(CVCJC). The formation of CVCJC was ini~iated by the leadership
of the campaign to defeat Justices Bird, Grodin and Reynoso.
Committee membership consists of a nonpartisan 8rassroots
coalition of crime victims, prosecutors, elected officials, law
enforcement, and other supporters who will work to gather the'
595,&85 valid si8natures needed Co qualify the initiative for the
November 1988 ballot. Professional coasultin8 services will be
provided by The Dolphin Group, which was responsible for the
management, of the No sa Bird, ~rod~n and Reynoso campaign. (over)
1047 Gayley Avenue * Second FIo~r * Los Angeles, CA 90024
(213) 824-2011
CRIME VICTIMS' JUSTICE REFORM ACT OF 1988
SUMMARY OF COMPONENTS
1. Preamble - crime victims have rights to have fairness and
balance restored to the criminal justice system.
2. Grand Jury - restores normal indictment process;
overturns Bird Court Hawkins decision.
3. Ri8hts of Accused - directs courts to afford the same rights
as guaranteed by the United States Constitution, but not
more; overturns several Bird Court decisions.
4. Speedy Trial - declares People's right to speedy trial and
requires hearings and trials to be set within specified
time limits.
5. Murders - increases penalties for specified murders,
clarifies some special circumstance requirements, increases
maximum punishment of minors who commit first degree
special circumstance murder to life without parole, and
provides for no parole before 25 years for killers
sentenced to 25 years to life.
6. Intent to Kill - overturns Bird Court "intent to kill"
ruling which was used to reverse many death penalty convictions.
7. Torture - in response to the Singleton case, creates a
new crime of torture with the sentence of life in prison.
8. Preliminary Hearings - streamlines preliminary hearings,
allowing experienced police officers to offer hearsay testimony.
9. Consolidation of Cases - allows two or more offenses charged
against the same defendant to be tried together; overturns
Bird Court Smallwood decision.
10. Reciprocal Discover~ - requires prosecution and defense to
exchange information; prevents use of perjurious "surprise"
defense witnesses; promotes truth-seeking process.
11. Jury Selection - adopts timesaving federal system where
judge (rather than attorneys) questions jurors concerning
their qualifications; overturns Bird Court Hovey and
Williams decisions.
12. Court Appointed Defense Attorneys - requires court appointed
defense attorneys to prepare cases within time limits.
13. Public Record - makes gross amount of tax money spent on
defense of a case open public record.
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
CRIMINAL LAW: CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Amends Constituti°n regarding criminal cases
to: direct courts afford accused no greater constitutional rights than afforded by federal Constitution; prohibit post-
indictment preliminary hearings; express people's right to due process and speedy, public trials; permit hearsay at
preliminary hearings; allow more joined actions; provide reciprocal discovery. Makes implementing statutory changes.
Other changes include: expanding first degree murder definition; increasing penalties for specified murders; expanding
special circumstance murders subject to capital offense provisions; increasing maximum punishment of minors con-
victed of first degree murder to life without parole; limiting preliminary examination testimony and discovery; limiting
jury questioning. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: It is impossible to determine the magnitude of additional costs relating to the provisions relating to murder,
torture, and sentence reduction credits for want of data. Provisions relating to judicial proceedings could affect their
length and number. Some could result in saVings; some in hi~gher costs. The magnitude of any net savings is impossible
to quantifY.
I CIRCULATOR: See instructions on last page. THIS COLUMN
· SIGNER: ' Please fill in all information by hand in ink. Use ball point pens. FOR OFFICIAL
(Do not use felt tip pens). No ditto marks. No abbreviations. USE ONLY
COMPLETE ALL SHADED AREAS, ALL 10 LINES OF PETITION NEED NOT BE FILLED.
YOUR SIGNATURE AS ~GISTERED TO VOTE PRINT YOUR NAMI~
RESIDENCE ADDRESS CITY ZIP
Line 1
YOUR SIGNATURE AS REGISTERED TO VOTE PRINT YOUR NAME ' '
RESIDENCE ADDRESS CITY ZiP
Line 2
YOUR SIGNATURE AS REGISTERED TO VOTE 'PRINT YOUR NAME
R~:SIDENCE ADDRESS CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS , CiTY ZIP .......
Erie 4
YOUR SIGNATURE AS REGISTERED TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS CITY ZIP
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- YOUR SIGNATURE AS REGISTERED TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS CiTY ZIP
Erie6
YOUR SIGNATURE AS REGISTERED TO VOTE ..... PRINT YOUR NAME
RESIDENCE ADDRESS 'CITY ZIP
Une 7
YOUR SIGNATURE AS REGIS51 bHED TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS CITY ZiP
Une 8
YOUR SIGNATURE AS REGISTERED TO VOTE "' PRINT YOUR NAME "'
· RESIDENCE ADDRESS CITY ZiP
Erie 9 ; ....
YOUR SIGNATURE AS REGtS~ I:HED TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS CITY ZIP "'
Line 10 '
L
YOUR SIGNATURE AS REGISYE~O TO VOTE PRINT YOUR NAME
RESIDENCE ADDRESS . CITY ZIP ......
DECLARATION OF CIRCULATOR--Must~ ~- be completed~, after above signatures have been obtained.
I am registered to vote in the County (or City and County) of ~
!, C;ilifornia. Each of the signatures to this Petition was signed in my presence. I circulated this Petition
section and saw the appended signatures being written. Each signature of this Petition is, to the best of my information and belief, the genuine signature of the person whose name it purports to be, All
signatures to this document were obtained between / i1 and ! 1 I certify (or declare) under penalty of perjury
month, day, year "month, day, year
under the laws of the state of California that the foregoing is true and correct.
MUST BE SIGNED HERE ALSO ·
Signature of Petition Circulatora (may be repeat of name on Petition; ;
· Place of Execution (date of signing)
(county of signing)
Print Name Residence Address City (in full) ~ Zip
All signers of this Petition must be registered voters in i , } County.
I I ~'/I"ORTANT S~E~CIAL INSTRUCTIONS;
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
CRIMINAL LAW: CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Amends Constitution regarding criminal cases
to: direct courts afford accused no greater.constitutional rights than afforded by federal Constitution; prohibit post-
indictment preliminary hearings; express people's right to due process and speedy, public trials; permit hearsay at
preliminary hearings; allow more joined actions; provide reciprocal discovery. Makes implementing statutory changes.
Other changes include: expanding first degree murder definition; increasing penalties for specified murders; expanding
special circumstance murders subject to capital offense provisions; increasing, maximum punishment of minors con-
victed of first degree murder to life without parole; limiting Preliminary examination testimony and discovery; limiting
jury questioning. Summary of estimate by LegiSlative Analyst and Director of Finance of fiscal impact on state and local
governments:' It is impossible to determine the magnitude of additional costs relating to the provisions relating to murder,
torture, and sentence reduction credits for want of data. Provisions relating to judicial proceedings could affect their
length and number. Some could result in savings; some in higher costs. The magnitude of any net savings is impossible
to 'quantify. --
To the Honorable Secretary of Stateof CalifOrnia
We, the undersigned, registered, qualified voters of California residents ofI ' i
, , i County (or City and County), hereby propose amendments to the Constitu-
tion of California, the Evidence Code, and the Penal Code, relating to criminal law and petition the Secretary of State to submit the same to the voters of California for their adoption or rejeCtion at the next
succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed constitutional and statutory amendments (full title and
text of the measure) read as follows: .
SECTION 1. (al We the people of the State of California hereby find that the rights of crime victimS'are too often intentionally carried out in retaliation for or to pre'vent the performance of the victin~'s official duties.
ignored by our courts and by our State Legislature that the death penaty is a deterrent to murder, and that (12)Thevictimwasajudgeor formerjudgeofanycourtofrecordinthelocal, stateor federalsystemintheState
comlJrehens ve reforms are needed in order to restore balance and fairness to our criminal justice system, of California or in any other state of the United States and the m u rder was intentionally carried out in retaliation for or
(b) In order to address these concerns and to accomplish these goals, we the people further find that it is to prevent the performance Of the victim's official duties.
necessary to reform the law as developed in numerous California Supreme Court decisions and as set forth in the (13) The victim was an elected or appointed official or former official of the ~ federal*
statutes of this state. These decisions and statutes have unnecessarily expanded the rights of accused criminals far government, a local or ~ta~ state government of California, or of any local or state government of any other state n
beyond that which is required by the United States Constitution, thereby unnecessarily adding to the costs of the United States and the killing was intentionally carried out in retaliation f~)r or ~o prevent the performance of the
criminal cases, and diverting the judicial process from its function as a quest for truth, victim's official duties.
(c} The goals of the people in enacting this measure are to restore balance to our criminal justice system, to (14) The murder was espec a y he nous, atrocious or cruel manifesting exceptional depravity~es. As utilized in
create a system in which justice is swift and fair, and to create a system in which violent criminals receive just this section, the phrase especially heinous,.atrocious or cruel manifesting exceptional depravity means a con-
punish ment, in which crime victims and witnesses are treated with care and respect, and in which society as a whole scienceless, or pitiless crime which is un necessarily torturous to the victim.
can be free from the fear of crime in our homes, neighborhoods, and schools. (15) The defendant intentionally kifled the victim while lying in wait. ,
(d) With these goals in mind, we the people do hereby enact the Crime Victims Justice Reform Act of 1988. (16) The victim was intentionally killed because of his or her race color, religion, nationality or country of origin.
SEC. 2. Section 14.1 is added to Article I of the California Constitution, to read: ' ' (17) The m u rder was committed wh lie the defendant was engaged in or was an accomplice in the corn m ission of,
SEC. 14.1. If a felony is prosecuted by indictment, there shall be no postindictment preliminary hearing, attempted commission of, or the immediate flight after committing or attempting to commit the following felonies:.
SEC. 3. Section 24 of Article I of the California Constitution is amended to read: (il Robbery in violation of.Section 211 or 212.5.
SEC. 24. Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States (ii) Kidnapping in violation of Scctlc,~,c Section 207 ~ or 209.
Constitution.
(iii) Rape in violation of Section 261:
In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the (iv) Sodomy in violation of Section 286·
assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the (v) The performance of a lewd or lascivious act upon person of a child under the age of 14 in violation of Section 288.
attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches (vi) Oral copulation in violation of Section 288a.
and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in (vii) Burglary in the first or second degree in violation of Section 460.
jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be (viii) Arson in violation of subdivision (b)of Section 44-7 451.
construed by the courts of this state in a manner consistent with the Constitution of the United States. This (ix) Train wrecking in violation of Section 219.
Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those (x) Mayhem in violation of Section 203.
afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in (xi) Rape by instrument in violation of Section 289. .
juvenile proceedings on criminal causes than those afforded by the Constitutioo of the United States. (18) The murder was intentional and involved the infliction of torture. Fcr thc p:~rpccc $, th:c
This declaration of rights may not be construed to impair or deny others retained by the people· . rcq~Jrcc, ~.,?.c.f cf thc, :,nfi~c.t:,cn cf c.×trc,,.mc, ~.hyc~cc~ pein .~c, mq. ttc,r hc,w !c,ng ~tc d:;rc`t:.c,n.
SEC. 4. Section 29 is added to Article I of the California Constitution, to read: (19) The defendant intentionally killed the victim by the administration of poison·
SEC. 29. In a criminal case, the people of the State of California have the right to due process of law and to a (b) Evc,ry p;'.rcc,:;, ;;'hc,thc,; cr ~c,'. thc, cc'.;:-'l Id','.cr fc,;;~d .~:;;,.y cf ;:',.c;;.:c,nc.,y -,-,,.u .........
speedyand public trial. "' ' ' " " -~:-- "
SEC. 5. Section 30 is a~ded to Article I of the California (~onstitution, to read:
SEC. 30. (al This Constitution shall not be'construed by the courts to prohibit the joining of criminal cases as .................................. r ................................... ~.~-c,;~;,;.y c,, F..~rc.c, ;~, c`:',y cc,cc ;n ;;'h:~!,
c,';c, c,r,,'-;crc, c,f t.hc c,;'.cc!c,~ c,i;c;;mctc;;c.c,c, c,~;;~'.,crctc~ !;;, F. crc`grcF..hc (I), (3), (4), (5), (6), (7), (=), lC), (10), (It), (12),:
prescribedbytheLegislatureorbythepeoplethroughtheinitiativeprocess. ~o~ ~, ,,:~ ~,~ ~, ,,o~ -.,,~-,- ,4.. · , ·
(b) In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at $cct!c,:; I~.4 lc, ~c ir;lc. Unless an intent to kill is specifically required under subdivision (al for a special
preliminary hearings, as prescribed by the Legislature or by the people through the initiative process, circumstance enumerated therein, an actual killer as to whom such special circumstance has been found to be
(c) In order to provide for fair and speedy trials, discovery in criminat cases shall be reciprocal in natu re, as true under Section 190.4 need not have had any intent to kill at the time of the commission of the offense which is
prescribed by the Leg sature or by the people through the initiative process, the basis of the special circumstance in order to suffer death or confinement in state prison for a term of life
SEC. 6. Section 1203.1 is added to the Evidence Code, to read: without the possibility of parole.
1203.1. Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as (c) Every person not the actual killer who, with the intent to kill, aids, abets, counsels; commands, induces,
provided in Section 872 of the Penal Code. solicits, requests, or assists any actor in the commission of murder in the first degree shall suffer death or con-
SEC. 7. Section 189 of the Penal Code is amended to read: finement in state prison for a term of life without the possibility of parole, in any case in which one or more of
I 189. All murder which is perpetrated by means of a destructive device or explosive, knowing use of ammunition the special circumstances enumerated in subdivision {al of this section has been found to be true under
designed primarily to penetrate metal or armor, poison, lying in wait, torture or by any other kind of w fu, deliberate, Section 190.4.
and premeditated killing or which is committed n the perpetration of or attempt to perpetrate, arson, rape, robbery, (d) Notwithstanding subdivision (c), every person not the actual killer, who, with reckless indifference to
burglary, mayhem, kidnapping, train wrecking or any act punishable under gcc,: ct; 288 Section 286, 288 288a or human life and as a major participant aids abets counsels commands nduces so ic ts, requests, or assists in
289, is murder of the first degree; and all oliver kinds of murders are of the second degree. ' ' ' the commission of a felony enumerated in paragraph (17) of subdivision (al, which felony results in the death of
· As used in this section, "destructive device" shall mean any destructive device as defined in Section 12301, and some person or persons, who is found guilty of murder in the first degree therefor, shall suffer death or
"explosive" shall mean any explosive as defined in Section 12000 of the Health and Safety Code. confinement in state prison for life without the possibility of parole, in any case in which a special circumstance
. To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant enumeratedln paragraph(17)ofsubdivision (a) of this section hasbeen foundtobetrueunderSection 190.4.
maturely and meaningfully reflected upon the gravity of his or her act. (el The penalty shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5.
SEC. 8. Section 190 of the Penal Code is amended to read: - SEC. 10. Section 190.41 is added to the Penal Code, ~o read: '
190. (al Every person guilty of murder in the first degree shall suffer death confinement in state prison for life 190.41. Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special
withbbt possibility of parole, or confinement in the state prison for a term of 25 years to life. The penalty to be applied - circumstance enumerated in paragraph (17) of subdivision (al of Section 190.2 need not be proved independently of.
shall be determined as provided in Sections 190.1,190.2, 190.25, 190.3, 190.4, and 190.5. a defendant's extrajudicial statement
Evc,ry Except as provided in subdivision (b), every person guilty of murder in the second degree shall suffer ' SEC. 11. Section 190.5 of the Penal Code is amended to read:
confinement in the state prison for a term of 15 years to life. 190.5. (al Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person
The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title I of Part 3 of the Penal Code, who is under the age of 18 at the time of the com mission of the crime. The burden of proof as to the age of such person
as that article read on November 7,1978, shall apply to reduce any minimum term of ~ 15'years in a state prison shall be Upon the defendant~
imposed pursuant to this section, but eueh the person shall not otherwise be released on parole prior to s~ that time. (b) The penalty for a defendant found guilty of murder in th~ first degree, in any case in whi'ch'one or more'
(b) Every person guilty of murder In the second degree shall suffer confinement in the state prison for a term special circumstances enumerated in Section 190.2 or 190.25 has been found to be true under Section 190.4, who
of 25 years to life if the victim was a peace officer, as defined in subdivision (al of Sectio~ 830.11 subdivision (al or was 16 years of age or older and under the age of 18 years at the time of the commission of the crime, shall be
the(b) of defendant Section 830.2,knew or or SectiOnreasonably830.5,shouldWhO waShavekilledknownWhilethatengagedthe victimin wasthe performanCesuch a peace°f officer his or engagedher dutieS,in andthe toC°nfinementlife, in the state prison for life without the possibility of parole or, at the discretion of the court, 2S years
performance of hisor her duties. - ; '
(c) The trier of fact shall determine the existence of any special circumstance pursuant to the procedure set'
(c) The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title I of Part 3 of the Penal forth in Section 190.4.
Code shall not apply to reduce any minimum term of 25 years in a state prison Impo~ed pursuant to this section, SEC. 12. Section 206 is added to the Penal Code, to read:
and a person so sentenced shall not be otherwise released or paroled prior to that time. 206. Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge,
SEC. 9. Section 190.2 of the Penal Code is amended to read: extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in. Sect on 12022.7 upon the
190.2. (al The penalty for a defendant found guilty of murder n the first degree shall be death or confinement in person of another, is guilty of torture.
state IJri~0n for a term of life without the possibility ~f parole n any case in Which one o~ more of the following special The crime of torture does not require any proof that the victim suffered pain.
circumstances has been chcr.~c~.'c~.d c,pcclc`',',y found under Section 190.4, to be true: ....... ' - SEC. 13. S~-ction 206.1 is added to th~ Penal C~d6, to read: - -
(1) The murder was intentional end carried out for financial gain. 206.1. Torture is punishable by imprisonment in the state prison for a term of life.
(2) The defendant was previously convicted of murder in the first degree or se~;ond degree. For the purpose of SEC. 14. Section 859 of the Penal Code is amended to'r~ad:. '
this paragraph an offense committed in another jurisdiction which if committed in California would be punishable as 859, When the defendant is charged with the commission Of a public offense over'which the superior court has
first or,second degree mu~;der shall be deemed murder in the first or second degree.
original jurisdiction, by a written complaint subscribed under oath and on f e n a court within the county in which the
(3) The defendant has in this pro~;eeding been convicted of more than one offense of murder in the first or public offense is triable, he or she shall, without unnecessary delay, be taken before a magistrate of the court in
'second degree. ·
which the complaint is on file. The magistrate shall immediately deliver to the defendant a copy of the complaint,
(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden or .· inform the defendant that he or she has the right to have the assistance of counsel, ask the defendant if he or she
concealed in any place, area, dwelling, building <~t s~ruct~re, and the defendant knew or reasonably should have desire~ the assistance of counsel, and allow the defendant reasonable time to send for counsel. However, in a
known'that his or her act or acts would create a great risk of death to a human being or human beings, capital case, the court shall inform the defendant that the defendant must be represented in court by counsel at all
(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest or to perfect, or attempt stages of the preliminary and trial proceedings and that the representation will be at the defendant's expense if the
to perfect an escape from lawful custody, defendant is able to employ counsel or at public expense if he or shb is unable to employ counsel, inquire of him or
(6) The murder was committed by means of a destructive device, bomb, or'explosive that the defendant mailed · her whether he or she is ab e to employ counsel and, if so, whether the defendant desires to employ counsel of the
or delivered, attempted to mail or deliver, or cause to be mailed or delivered and the defendant knew or reasonably defendant's choice or to have counsel assigned for him or her, and allow the defendant a reasonable time to send for
should have known that his or her act or acts would create a great risk of death to a human being or human beings, his or her chosen or assigned counsel. The magistrate must, upon the request of the defendant, require a peace
(7) The victim was a peac~ offerer as defined in Section 830.1,830.2,830.3, 830.31,830.35, 830.36, 830.4, 830.5, officer to take a message to any counsel whom the defendant may name, in the judicial district in which the court is
830.5a, 830.6, 83010, 830.11 or 830.12, who, while engaged in the course of the performance of his or her duties was situated. The officer shall, wit hour delay and without afee, perform that duty. If the defendant desires and is unableto
intentionally killed, and such defendant knew or reasonably should have known that such victim was a peace officer employ counsel, the court shall assign counsel to defend him or her; in a capital case, if the defendant is able to
engaged in the performance of.his or her duties; or the victim was a peace officer as defined in the above employ counseland either refuses toemploycounselorappearswithout counsel after having had a reasonable time
killedenumeratedin retaliationSect onSfor ofthetheperformancePenal COdeof, orh aisfOrmeror her officialPeace officerduties.U nder any of such sections, and was intentionally to employ counsel, the court shall assign counsel to defend him or her. If it appears that the defendant may be a
minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that
(8) The victim was a federal law enforcement officer or agent, who, while engaged in the course of the the defendant is a minor, he or she shall immediately either notify the parent or guardian of the minor, by telephone or
performance of his or her duties was intentionally killed, and such defendant knew or reasonably should have known . messenger, of the arrest, or appoint counsel to represent the minor. Thc, F-rc,cc,c,;'.!:G ct:c,::c,~' c,hc~ 2c,',:,vc,r lc,, ~.,
themance ofVictim hisWaSoraherfederalofficiallawduties:enf°rcement officer or agent, and was intentionally killed in retaliation for the perfor- rc F. c r 1c,, iF.c,7, Ibc, f ;lc'"' c,c,;r: ;~;'. c, c`rc.7, c c, c,,' cc,;; ,".c, c ',, c,;'; ~.~ ~. c ~.c,lc` ;m,:7, c.;c`~' " ~.y c ,m,c.~ ;....' ' ~..~ ................. thc`t thc ds f-~ 7,~c,'~t cc,,
(9):The victim was a fireman as defined in Section 245.1, who while engaged in the course of the performance of ;~ ...... .................... ; ' '"~"~' '~ "'~' '~:' ~'"~"' ?"'~, ._, .............. ........ ~_.~'rc,c,c, ;;;.;:-,~..,= .... c..c.r 7,c,y,,~ ...... c.1 thc, '~:..~c, c,f.thc,.., oF.F- c c.:c,7.c,c,.. ,.;r·dc,tc,:'m!"~ctlc,n'.
(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her c. cc,c,c, ci~',c,, th.; ~rcc. ccu::,,%..3 .~ttcr,';cy cc,c~ .~ct dcll;'c: c`r mcl:c cccc. cc,:.b!c thc,sc, dcc;;mc,-.tc,
testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission, or cc.m~c',~c~ by '-'"' ~- c,~.;rt c. hcl~ :';c,t dlc,:-,J$c c cccc ~ ........ ~ thc ·-:' ..... · '~ .......... :
attempted commission of the crime to which he or she was a witness; or the victim was a witness to a crime and was ~m ..m c, d:.c',cJy dc,::.vcr c,c,~:c,c, c,f ',hc, :c,~c,rtc, c,r lc, mc.'.;; thc,;-., c.c, c,c,c,c:.~'.c fc,r ~;;.c,~ c, c,',i$;', c.;;.d
intentionally killed in retaliation for his or her testimony in any criminal or juvenile proceeding. As used in this SEC. 15. Section 866 of the Penal Code is amended to read:
paragraph, "juvenile proceeding" means a proceeding brought pursuant to Section 602 or 707 of the Welfare and .. 866. (§ ".53.)'(a) When the examination of witnesses on the part of the people is closed, any '.v!t :;.c,c,c,c` s witness
Institutions Code.
the defendant may produce must shall be sworn and examined.
(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any Upon the request of the prosecuting attorney, the magistrate shall require an offer of proof from the defense
local or state prosecutor's office in this state or any other state, or a federal prosecutor's office and the murder was as to the testimony expected from the witness. The magistrate shall not permit the testimony of any defense
witness unless the offer of proof discloses to the satisfaction of the magistrate, in his or her sound discretion, 1054.7. The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good
that the testimony of that witness, if believed, would be reasonably likely to establish an affirmative defense, cause is shown why a disclosure should be denied, restricted, or deferred. If the material and information becomes
negate an element of a crime charged, or impeach the testimony of e prosecution witness or the statement of a known to or comes into the possession of a party within 30 days of trial, disclosu re shall be made immediately, unless
declarant testified to by a prosecution witness· good cause is shown why a disclosure should be denied, restricted, or deferred. "Good cause" is limited to th reals or
(b) It is the purpose of a preliminary examination to establish whether there exists probable cause to believe possible danger to the safety of a victim or witness, possibie loss or destruction of evidence, or possible compromise
that the defendant has committed a felony· The examination shall not be used for purposes of discovery, of other investigations by law enforcement.
(c) No provision of this section shall compel or authorize the taking of depositions of witnesses. Upon the request of any party, the court may permit a showing of good cause for the denial or reg}Jlation of
SEC. 16. Section 871.6 is added to the Penal Code, to read: disclosures, or any portion of that showing, to be made in camera. A verbatim record shall be made of any such
· ' 871.6. If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section proceeding. If the court enters an order granting relief following a showing in camera, the entire record of the
859b, in violation of Section 859b, or continues the preliminary hearing without good cause and good cause is showing shall be sealed and preserved in the records of the court, and shall be made available to an appellate court
required by law for such a continuance, the people or the defendant may file a petition for writ of mandate or in the event of an appeal or writ. In its discretion, the trial court may after trial and conviction, unseal any previously
prohibition in the superior court seeking immediate appellate review of the ruling setting the hearing or granting the sealed matter.
continuance. Such a petition shall have precedence over all other cases in the court to which the petition is SEC. 24. Section 1078 of the Penal Code, as amended by Chapter 121i of the Statutes of 1987, is repealed.
assigned. If thesuperiorcourtgrantsaperemptorywrit, it shall issuethewrit andaremittiturthreecourt days after ,~o , ,,,~.,_~_.. k--,k-- ~ ...... ,,,~,.:~, ..... ,, ..... =----,~ ......... :..--: ...... *^ ~'~--'--'A=.A--~ : ..... :--'
its decision becomes final as to the court if this action is necessary to prevent mootness or to prevent frustration of : ..... ~ ..... ' ....... :~^"; .... "~:"=-=-- '~' '~- ";-' ..... ' -~-" .... =' ....... "' ..... ~-~';-- -' ....... ".,~; .......
the relief granted, notwithstanding the rights of the parties to seek review in a court of appeal. When the superior by c,;uT.:.c,~ fc.r thc pc.c,p',c, and f,?,r thc, dc,fc,7.dc:'.t, c,:.;c,h c,×cm:.7.ct:.c,;;, tc bc ccnduc,tc,d c,rc.!!y c~d d!rc,c,t'.y by c,c`un901.
c~urtissuesthewritandremittituraspr~videdinthissecti~n~thewritsha~~c~mmandthemagistratet~pr~ceedwith ~' .... "c,c`;c,ltc,hcl'.~ '~ ~ · ~ '"" ' ~ ' "' " ~
the preliminary hearing without further delay, other than that reasonably necessary for the parties to obtain the :-' ..... ~ ......... :~'- *-" ................. ;..- ' ......· ...... ~..~" ........... ~ ---- ......... * ---~
The court of appeal may stay or recall the issuance of the writ and remittitu r. The failure of the court of appeal to (g) 17. d l c, ;.h c r.g ;. 7. .,3 itc. d,;f.;c,, thc, court c.hcJ~ ha'cc, dlc.c,~c,t;.c,7, c7.d ;c.';trc! '::!th rc,.cpcct to thc. fc..'.~'. :7.d c.u bj~,ot
stay or recall the issuance of the writ and remittitur shall not deprive the parties of any right they would otherwise mc. tier c7.d doll&tlc.'; of vc,lr dlrc. cxcm;.7.&t=.c, 7,. '.7. ;×;;c!,317.g thc`t d~;;rc,tlc.7, c.7.d $c`7.tr$',, thc t;[::'. ~;;dgc ch=Il bc
have to appellate review or extraordinary relief, by, c..-;c..'~ c.thc.; c,r!tcr!c., t.hc, fc,~c.wL":,.~:
SEC. 17. Section 872 0f the Penal Code is amended to read: '"~" · ',~ ~ ~ - ' , , · ·
872. (a) If, however, it appears from the examination that a public offense has been committed, and there is (ii) ,",.';y ;.';iq;; c,r ;$.,";p'.,;x c!c,..";c..'~tc., ~c,,acl c,r fcc".ucL :.,-; t.hc.
sufficient cause to believe that the defendant is guilty thc.rc,c,f, the magistrate ~ shall make or indorse on the (!!!) Th,; !7.d!vld,~c`: rc,c.F,c.,';cc.c, c.; cc'~d'..;c,t c,f jurcrc. ;:.h~c,.h .,mc;.' rc,vc.c', ctt:,tudc,:', ;,7.c.c,7.c,:.c.tc.;'.t ;;':.th cu!tc,b!!!ty tc
complaint an order, signed by him or her, to the following effect: "It appearing to me that the offense in the within ......... '-: .......... :*': ..... :- '~ ..... =-..'
complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been commit- (iv) T,hc c.ttc.r;',~y.';' 7.ccd, u7.d~r th~ =irc,;:mc,tc:;.c,c,c., fc.~ L':fcr.m~,tlc7. c7. wh!=h tc c×c,rc!=c, p,';rc.m, ptc,ry
ted, and that there is sufficient cause to believe that the within named A.B. is guilty thc.rc,c,f, I order that he or she be :.7,lc.:
mc.hr, th: F. rc,c,c.c.ut=,ng cttc`r:'.c.y ,m, c.y fi',c, with thc, c.c.=ri, c7.d ;:; r r.:.c, h c` cc, py tc, thc, dc,fc.ndcnt, :: c,t:':t~, mc, 7,t mc`dc undcr '=:' ~ .... ' '"-: ............ ;' '~ .... ' ........... : ...... =~'"
thc. w~t7.c.c.c, :7.c,',;dc.c. c.yc.w~tT.c.c.: :.dc,7.t!f!c,c.t!c.~ c,f c dc.fc.;';dc7.t, c.F thc, prcc.c.c,ut!7.g c`ttc,rr'.c.y hca, 7.c.t f:.'.c.d w~th thc, oourt "';' ' ......... ~- :"-": ......... ' ' ....
c.c.'; :.dc,~t~fy t.hc. pc,rpc,tr;tc, r. par!cd d u!y I, 1988, lc. Ju 7.c. 39, ".991, :.7. :'.u So. va,, c'.', qr.;c, St :. c,;;.: dc,.c~g7.c,d c.c.lc.[y, fc,r c,::~:ti~g 17. thc. ~,~tc '.'.:.gc. 7.t c.xc.rc!=c cf
r:g,.t c. t.,c .c.c.n~c.7.t tc. ....... · ................ c. rog. ,, .c. pc,rc.mptc.C,' c.,c...c,~gc, c,~d ~,ot c. pp.:c,cb~c, tc, thc. dc.tc.rm;;',c".:c.7, cf b:c`c, p;rc.ucnt to ~c,c,t:c,7. ".073 c,r 197~,
prc.cccut!7.g c,".tcr,'~c,y c`: prc.vld.'=d L'~ c.ubd:,v=.cJ.$.-; (~), t.hc, d:fc,.'~d".'~", c.hcll .hcvc. t,hc, r=,g.ht tc. c.rc`.':$ axe. re!nc, thc, wlt~c,:c, cT.d =.c. c,7.c, c.f thc :tc7.dr:rd!zcd quc.c.tlc.7.c, dc,vc.~c,F,c.d --,y t.hc, .~:'.; Fa,rca cn Vc!~ D!rc, thc cc,uti c.,hc.ll ,~'c.~",c,;l"~d t,hc,
cc. tc, c',', ..-cc`tic.r: c~'.:c.r tc.d i.% t.hc, stc, t c, .m c, 7. t . If thc. dc.fc.7.dc'~t mc.'.;~,c, rc.c`:;,c`mc, b!c, c,ffc.rtc, tc, c.c,c,u~c, thc. cttc.'~dc~c.c, of quc,c.t!c7, ut'tic.c.c, thc, c,c,~;rt dc.tsrm:.7,c,c, t.hc`t t.hc quc,.";tlc,n lc. c.lc.cdy 17.cpF, rc.F,r=.ctc. ',f c 7. c.r'.c.tc7.d::rd:.zc, d quootion is
(b) Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole ,~,k-= ........................ ~ ................ :~ .... ,
or in part upon the sworn testimony of a law enforcement officer relating the statements of declarants made out ;','.'. c`~c,~;'.t mc7.t,'; to thc .'~cc.l: Fsrc.c, =7. Vc2r ~irc, $.hC.~l ~c..,-;cdc, c,'; c,r ~c,fcrc ,M,c`rch "., I0~. Thc, ',c`c.~: fc.~c,c
of court offered for the truth of the matter asserted. Any law enforcement officer testifying as to hearsay ~"~--; .... ~--=' ..... : ......... :~ ~ ';~' ~' .... "--";--" ...... ~ ...... ~:-~ ..... " ........... ' ~.."":..=~:~ ,~,
statements shall either have five years of law enforcement experience or have completed a training course bcfcrc J:.:!y ".,
certified by the Commission on Peace Officer Standards and Training which includes training in the investigation. ~'~'~7. c.r ~c.crc.~ ' ~C.7.uc, ry' ..... ,, .... ,
and reporting of cases and testifying at preliminary hearings, prc,~cc,t c,7. thc cfficlc'~cy 17. j',~ :'; =c~c,:t!c,~ cod c,.'~ c.~y cffcct c7. thc ccT.';icficT, rctc far par t~c',;~c`r cr!.m, cc cam pcrc. d lc,
SEC. 18. Section 954.1 is added to the Penal Code, to read: ............... :^" =
954.1. Incases in which two or more different offenses of the same class of crimes or offenses have been SEC. 25. Section 1078 is added to the Penal Code, to read:
charged together in the same accusatory pleading, or where two or more accusatory pleadings charging offenses of 1078. In a criminal case, the court shall conduct the examination of prospective jurors. However, the court may
the same class of crimes or offenses have been consolidated, evidence concerning one offense or offenses need permit the prosecuting attorney, defense counsel, or defendant, if representing himself or herself, upon a showing of
not be admissible as to the other offense or offenses before the jointly charged offenses may be tried together before good cause, to supplement the examination by such further inquiry as it deems proper, or shall itself submit to the
the same trier of fact. prospective jurors u pon such a showing, such additional questions by the parties as it deems proper. Voir dire of any
SEC. 19. Section 987.05 is added to the Penal Code, to read: prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including
987.05. In assigning defense counsel in felony cases, whether it be the public defender or private counsel, the death penalty cases.
court shall only assign counsel who represents, On the record, that he or she will be ready to proceed with the Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause.
preliminary hearing or trial, as the case may be, within the time provisions prescribed in this code for preliminary The trial court's exercise of its discretion in the manner in which voir dire is conducted shall not cause any
hearings and trials, except in those unusual cases where the court finds that, due to the nature of the case, counsel conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified
can not reasonably be expected to be ready within the prescribed period if he or she were to begin preparing the case in Section 13 of Article VI of the California Constitution.
forthwith and contin ue to make diligent and constant efforts to be ready. In the case where the time of preparation for SEC. 26. Section 1081 of the Penal Code is amended to read:
preliminary hearing or trial is deemed greater than the statutory time, the court shall set a reasonable time period for 1081. (~ $54.)Upon the trial of a challenge to an individual juror, the juror challenged may be examined, as
preparation. In making this determination, the court shall not consider counsel's convenience, counsel's calendar prescribed in Section 1078, as a witness to prove or disprove the challenge, and must answer every question
conflicts, or counsel's other business. The court may allow counsel a reasonable time to become familiar with the pertinent to the inquiry.
case in order to determine whether he or she can be ready. In cases where counsel, after making representations SEC. 27. Section 1102.5 of the Penal Code is repealed.
1ha1he er she will be reedy fOr preliminary examina~on er1dal' witheut good cause is not ready en the date se1' the ....... ~, ................. ,' - -~ ,', - - ' , '.; -~,^-~
court may relieve counsel from the case and may impose sanctions upon counsel, including, but not limited to ................... cr ..c,wc,vc.r F, rc,c,c.r;'c.~, ~:,' cT.y ~c.,c,7.c.c w;,7.c.$c. ~,..cr t..c.n t..c dcfc;',dcT.t, c~ftc.r ".ha". wlt7.c,.';c, hc`c.
finding the assigned counselin contempt of court, imposing a fine, or denying any public funds as compensation for .... :'=~" ~-"= ......... =--'= ...... :^' ^**~ .......... ',"~,~'~-~ ..... ~=---~ ......... ,,~ ........ --,, -~..~...,~
counsel's services. Both the prosecuting attorney and defense counsel shall have a right to present evidence and ..... ~°~'~ mc,7.,' ;7.' ~c`m..~rc`~ ~ c7.~ .:mr," "~:$cc,vcry~' ',c, '~,.,c~.c m,C.,,cr,';" wk,.:7."~' '~,..c, c.c.c,F-,c, c,f ".ha, dlrc,c,t tc.c.t=.mc,7.y cf thc w!tnccc.
the set time. c.c,7.c.luc.lc,7.=, c.p=.7.~c,7.~, cr !c§C.! rc~cC.~c,h c.r thc.c.rlc.c, c,f thc, dcfc.7.,c.7.t, h:.c. c`r hc.r c.c, uT.c.c.I, or agent.
SEC. 20. Section 987.91 isaddedtothePenalCode, toread: '~ " ~" ~ ""' ~ "' ~ · ,' ~, ., '- ' , '
987.91. Notwithstanding the confidentiality requirements of Section 987.9, during the pendency of proceedings ...... ~ ........ ~ ........... "-'= .......... ~=~ ...... ~'-~--~ ......... ~ ................ ' ~'~-=
in the trial court the gross amount of money disbursed to, or expended on behalf of, a defendant pursuant to Section d!c,ccvcry cr !7. fcrmct!c,.'~ pu rc.:.:cT.t ".c. ".hlc. c.~c.t~,c.7..
Within 30 days after judgment is rendered in the trial court, the complete accounting of moneys received and "' · ~' ~ "~ ' ' ' ~ ~ ' '
disbursed, as required by Section 987.9, shall be a matter of open public record. SEC. 28. Section 1102.7 of the Penal Code is repealed.
SEC. 21. Section 1049.5 is added to the Penal Code, toread: ""~ ~*'":'" .... ~= ........ ~ ....... :-:-- ~f '" ' "" -~' ~c, ..... ~'-~ Ic ~'""~"
the superior court unless, u pon a showing of good cause as prescribed in Section 1050, the court lengthens the time. c~c.c, 7.t C. c,.hc.w~7.g c,f gc.c.~ c.cuc.c, c= dc,tc,r..m L';c.d ~y thc. c.c.;; ri, u:;.~c.c.c, thc, ~c.fc.:;.dcT.t !c. c.c,t~7.§ cc. h~c, c.r ha. r
If the court, after a hearing as prescribed in Section 105(~, finds that there is good cause to set the date for trial C.ttcr.';cy.
beyond the 60 days, it shMI state on the record the facts proved that justify its finding. A statement of facts proved SEC. 29. Section 1385.1 is added to the Penal Code, to read:
shall be entered in the minutes. 1385.1. Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special
SEC. 22. Section 1050.1 is added to the Penal Code, to read: circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in
1050.1. In any case in which two or more defendants are jointly charged in the same complaint, indictment, or Sections 190.1 to 190.5, inclusive.
information, and the court or magistrate, for good cause shown, continues the arraignment, preliminary hearing, or SEC. 30. Section 1387 of the Penal Code is repealed.
trial of one or more defendants, the continuance shall, upon motion of the prosecuting attorney, constitute good ~°°~ ............................ ^- ~'~ ...... :-~'~ ....... ~ .......... : ............... ~. ................... ~:- ~ ....... ~,,~,, ............... ¢'^~':^" °~ ~"., ~7"., c,r ~5, is o bor lc, c`;',y
causet~c~ntinuetheremainingdefendants~casess~ast~maintainj~inder~Thec~urt~rmagistratesha~~n~tcause '" °' · '~ " "',' · . ' ' ' ~ ~ ·
jointlychargedcasestobeseveredduetotheunavailabilityor unpreparednessofoneor more defendants unless it C.ct!cT. has bcc,7. 7-.:c,','~c.uc.~Y tc.r";~7.ctcd p:.;rc.:.;c.r;.", lc, th~c. c..hc;',".c.~, c.r Cc.Ct:.c.7. ~5~b, ~"., C7"., c,r ~3~, c,r :.f !t !s a
reasonableperiodoftime. ' ~ ~ ',~ ' . ~ ~ ,, ,~ ~' · , , ~ , , · ~ ~ · ~ · ·
SEC. 23. Chapter 10 (commencing with Section 1054) is added to Title 6 of Part 2 of the Penal Code, to read: ................. :;.,cc. 7.=;;' c,v:~7.$$ ..c,:', ~c,c,7. ~;,ccc,vc,rc,_ ~y ,.,c. p~c..';c.c,;;,:c, 7. w..lc., w,;u.~ 7.c,". ..C.vc. ~ocT.
CHAPTER 10. DISCOVERY '" ..... ~'~ ' ' ~ 4.,. · ~ . , .....
1054. This chapter shall be interpreted to give effect to all of the following purposes:- ~': ........ ~ ...... "-' '~- ~ .... ~,=--=~,=~- -' ...... :-....= ........ ~ ..... ~ ......... ~ ....... ,,-~ -..=~
(a) To promotethe ascertainmentoftruthintrialsby requiringtimelypretrialdiscovery. ^ ~ · ' " " ' · ~ · ' " ' ' ' "' '
(b) To save court time by requiring that discovery be conducted informally between and among the parties c.f c prc.~:.m:.;'.c`ry .hc,c`r!:;,g =.7. fcvc`r ~.f .;7. :.7.d!ctmc,7.t fflc,~ p;;rc,:.;c`7.t lc. ~c.c.'Jc.7. 344 c,:'.d thc. !:':~ic,tmc.7.t c.c. bo=cd ~pc~
before judicial enforcement is requested. ~' · - ~ ~' ,- ~' ' ~ , · · =-, ..... = ....
(c)To save court time in trial and avoid the necessity for frequent interruptions and postponements. ......... u ......... , =.f '~ .... ...... ~, .......................... = ......... ~--'= ................... ~ ...................... ~'~-'=-- °=~, ~., ~?"., c,r ~=~, '~- .... ~ .... ,~ ..........
(d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. ',c,rm:7.c`,;7..g' "C.,'; .~ct;c,.'~' cc.' 7.c.t C. ~C.r~ lc. prc,,ccc,ut;c`7.' :.":
(e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express (c`) Gc,c,d c,c,;c.~ c.c, c, hc, wT. ;;'.by t.hc, 7, rc'Jm:.7.C.ry c,;C.,.";!,';C.tlc,,'; wC.c. 7.$', hc.'.d ;;':.th~7. ~0 dC.yc, from ',ho data cf
statutory provisions, or as mandated by the Constitution of the United States or the Constitution of California. C.rrC.~g,";~.";c,.';t c.r p'.cC..
1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following '~ ~ " ~ ' ~ ~ ' '
materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows i! ~'"'o,~, rcc,,~ 7.t :7.c,C.7.:',y c`,' ' "~,,,C. ,~.c,.';~C..';t. ~ '
(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.~'~ ' '''~ ..................... c, ~c .c,.":, c`.":, c..c.c..c., ,c. rc.prc,c.c,7.,..:mc.c,., c,:..c.:c.c.., rC.:..c.r t.1.;7. ~c.:7.; rc,prc,c.c.7.tc.d
(b) Statements of alldefendants. ,o,, ,, ,' · ,
(c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. '~ ~-"~-' -' = ........ · ~' ...........
(d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the .............. '".L-lc, ~ ~" ~ ~ "~'"' ' ~ '
- (e)Anyexculpatoryevidence. ,^,~ ................... o--,~ ............. ~ ,, ~' · ,~ ,~ ', · ,,- ,. -- -
prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the SEC. 31. Section 1387 is added to the Penal Code, to read:
case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which 1387'. An order terminating an action pursuant to this chapter is a bar to an~' other prosecution for the same
the prosecutor intends to offer in evidence at the trial, offense if it is a misdemeanor, but not if it is a felony.
1054.2. No attorney may disclose or permit to be disclosed to a defendant the address or telephone number of a . SEC. 32. Section 1430 of the Penal Code is repealed.
victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054.1 unless ~ ~ " °' ~ "~" · ' '~' ' ' " ~ ' ~ ,~ "'
specifically permitted to do so by the court after a hearing and a showing of good cause, c.r c.c,:.;7.~.c,'., c.C.p!== c,f thc, ;',c,~ic.c., C.rr:',c,',, .c.r;d cr!..'";c, :c,;',c.r".=, :-;7--c,.'; t.hc f=.r=t c,c,:.;rt c.;',~,c.c`rc`7.c.c, c,f c.c`uT.c.cl, c.r ;;pc,:;. c
1054~3. The defendant and his or her attorney shall disclose to the prosecuting attorney: - . ~ ..... :--':-- ~ ...... ~ ....... ~-'~ ~'--~ ............... ~=----,, ~- ~ .... ,' ,, ....... ~,~, .... ~ ..........
(a) The names and addresses of persons, other than the defendant, he o~ she intends to Call as witnesses at t ri~.i, cttc.;'7.c.y~ ................ C.t thc t !.'.'.~.c, c, f· ..... ='~'".hC.~, .......... C.~.',cC.:C..":cc,"!~ ~c,~ '~c,'.c, ;','Tr. ............. 7.C.t .37,,~' ............... thc r~;', C,:'".C, c.~C`~ ............ "'c. ~c,'.~.'.'c, ;C ~ W' .................... t~:,7, twa` ~c`~.cT,~ar*' .......... dayo.
physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer ~-~ ":~--:~ --= ..... ~-'=--- '~- -~
inevidenceatthetrial. :..,, ~ ........... ~__,~_,= .... ~ .~, .... ~ r ,, ~ .
(b) Any real evidence whi~:h the defendant intends tO offer in evidence at the trial. ~ ....... · ................ c`;' .'~'..c`..c, c.c,c.c.c.$;~.,'~ ..... dc.c,;;~c.7,tc, uT.!c,c,c, c.th~;wioo c.c, c.~mpc.,.c.~ ~y .C.w....c. c.c,u;t
1054.4. Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from ............. "- '~ ........ =~'- '-- ~ ...... = .... ~ ..... :--
obtaining nontestimonial evidence to the extent permitted by law on the date of the passage of this measure. · SEC. 33. Section 1511 is added.to the Penal Code, to read:
1054.5. (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This 1511. If in a fek~ny case the superior court sets t'he trial beyond the peri<~d of time specified in Section 1049.5, in
chapter shall be the only means by which the defendant may compel the disclosure or production of information from violation of Sectio.n 1049.5, or continues the heating of any matter without good cause, and good cause is required by
prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or law for such a continuance, either party may file a petition for writ of mandate or prohibition in the court of appea/
any other persons br agencies which the prosecuting ~t!orney or i~vestigating agency ma)/have employed to.assist seeking immediate appellate review of the ruling setting the trial or granting the continuance. Such a petition shall
them in performing their duties.' ~ have precedence over all other cases in the court to which the petition is'assigned, including, but not limited to,
(b) Before a party may seek court enforcemeht of any of the disclosures required by this chapter, the party shall cases that originated in the juvenile cou rt. If the court of appeal grants a peremptory writ, it shall issue the writ and a
make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing remittitur three cour~ days after its decision becomes final as to that court if such action is necessary to prevent
counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a mootness or to prevent frustration of the relief granted, notwithstanding the right of the parties to file a petition for
party has not complied with Section 1054.1 or 1054.3 and upon a showing t. hat the moving party complied with the review in the Supreme Court. When the court of app'eal issues the writ and remittitur as provided herein, the writ
informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the shall command the superior court to preceed with the criminal case without further delay, other tt~an that reasonably
provisions of this chapter, including, but not limited to, immediate disclosure contempt proceedings, delaying or necessary for the parties to obtain the attendance of their witnesses.
prohibiting the testimony of a witness Or the presentation of real evidence, continuance of the matter, or any other lawful ' The Supreme Court may stay or recall the issuance of the writ and remittitur. The Supreme Court's failure to stay
order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure, or recall the issuance of the writ and remittite r shall not deprive the respondent or t. he real party in interest ct its right
(c} The court may prohibit the testimony of a witness pursuant to subdivision (b} only if all other sanctions have to file a petition for review.in the Supreme Court.
been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the SEC. 34. If any'provision of this'measure or the application thereof to any person or circumstances is held
Constitution of the United States'.. * ' '~. . - invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect
1054.6. Neither the defendant nor the prosecuting attorney is required to ~lis~;Io~e any materials or information without the invalid provision o~ applicationl and to this end the provisions of this measure are severable.
which are work product as defined in subdivision (c) of Section 2018 of the Code of Civil Procedure, or which are SEC. 35. The statutory provisions contained in this measure may not be amended by the Legislature except by
privileged pursuantto an express statutory provision, oi~are privileged as provided by the Constitution of the Un ired statute passed in each house by roltcall vote entered in the journal, two-th irds of the membership concurring, or by a
State~ or the Constitution of California. - ' ' : . statute that becomes effective only when approved by the electors.
CIRCULATOR: Please follow these instructions carefully.
PLEASE COMPLETE ALL OF THEBLUE SHADED AREAS ON YOUR PETITION.
1. You must be a registered voter in California. reqUested information, including the county in which you are
registered and all dates requested.
2. Fill in county (or city and county) where petition is to be circulated.
Only registered voters from that county can sign that petition. If 6. All 10 signature lines need not be filled out for your petition to be
you meet a registered voter' from a different county, you must valid. Even a petition with onlyone signatu/~e should be turnedin.
begin a new petition with the appropriate county heading. But remember, even With only one signature, you must still
complete the "Declaration of Circulator" completely.
3. You may circUlate as many petitions as possibtel butyou may sign .r
only one petition as a signer in the signature section. Duplicate 7. Return the complete petition (do not detach or mutilate)to:
signatures are invalid and will not be counted. California Justice Committee
3104 "O" Street
4. Make sure the signers fill in all information completely and Box 312
accbrately in ink with black or blue ball point pens. (No felt tip Sacramento, CA 95816
pens, no ditto marks, no abbreviations).
8. Plan to return your petition within 10 days of receipt. Do not
5. After each petition is filled, you must complete the "Declaration of photocopy the petitions. If you require more information and/or
Circulator" spaces completely and accurately. Be sure to give all petitions, call 213/824-2011.