CALIFORNIA SB 1878
Chapter 629
BILL NUMBER: SB 1878 CHAPTERED 09/21/98 CHAPTER 629 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 1998 APPROVED BY GOVERNOR SEPTEMBER 19, 1998 PASSED THE SENATE AUGUST 30, 1998 PASSED THE ASSEMBLY AUGUST 27, 1998 AMENDED IN ASSEMBLY AUGUST 24, 1998 AMENDED IN ASSEMBLY JULY 16, 1998 AMENDED IN ASSEMBLY JUNE 25, 1998 AMENDED IN SENATE MAY 20, 1998 AMENDED IN SENATE APRIL 28, 1998 INTRODUCED BY Senator Kopp (Principal coauthor: Senator Schiff) FEBRUARY 19, 1998 An act to amend Section 190.2 of the Penal Code, relating to murderLEGISLATIVE COUNSEL'S DIGEST SB 1878, Kopp. Murder: special circumstances.
(1) Existing law, as amended by initiative statute, provides that the penalty for a defendant found guilty of murder in the first degree shall be death, or confinement in the state prison for a term of life without the possibility of parole, where one or more special circumstances have been charged and found to be true. In this connection, existing law provides that a first degree murder committed while lying in wait, and a murder committed in the commission of specified felonies, including kidnapping and arson, are special circumstances for sentencing purposes.
This bill would redefine lying in wait to instead provide that a defendant who intentionally kills a victim by means of lying in wait is subject to these provisions. The bill would also provide that a defendant who is shown to have committed the elements of kidnapping or arson in connection with a murder, is subject to these provisions if there is specific intent to kill, notwithstanding the fact that the kidnapping or arson was committed primarily or solely for the purpose of facilitating the murder.
(2) The bill would state that the Legislature's intent in enacting these provisions is to create a statutory exception to the "independent purpose" doctrine, as established by specified cases.
(3) The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Green (1980) 27 Cal. 3d 1, for the special circumstances of kidnapping and arson, when specific intent to kill is proven.
190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility...
