BILL NUMBER: AB 2266	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Lieber and Koretz
   (Coauthor: Assembly Member Leno)

                        FEBRUARY 22, 2006

   An act to amend Section 3700 of, and to add Section 3700.2 to, the
Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2266, as introduced, Lieber  Death penalty: moratorium.
   Existing law establishes the sentence of death as the penalty for
certain crimes under particular circumstances, as specified.
   This bill would place a moratorium on the carrying out of any
executions, as specified, until certain criteria are met. The bill
would make findings and state declarations of the Legislature
relative to the California Commission on the Fair Administration of
Justice, as specified.
   This bill would provide that it shall become effective only when
submitted to, and approved by, the voters of California.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares the following:

   (a) Pursuant to Senate Resolution 44, on August 27, 2004, the
Senate resolved to establish the California Commission on the Fair
Administration of Justice.
   (b) The California Commission on the Fair Administration of
Justice will study and review the administration of justice in
California to determine the extent to which that process has failed
in the past, resulting in wrongful executions or the wrongful
conviction of innocent persons. The commission will examine ways of
providing safeguards and making improvements in the way the criminal
justice system functions and make any recommendations and proposals
designed to further ensure that the application and administration of
criminal justice in California is just, fair, and accurate.
   (c) The commission will be conducting its work and must complete
its study and make any recommendations for reform by December 31,
2007.
   (d) There are currently more than 640 inmates on death row in
California, more than any other state in the country, and of those
640, more than 20 have appeals pending in the Ninth Circuit Court of
Appeals, which is the final procedural step before execution dates
are set for those inmates whose convictions and sentences are
affirmed.
   (e) Because of the mature state of the appeals and habeas
proceedings in so many death penalty appeals, it is highly likely
that prior to December 31, 2007, dozens of execution dates will be
set, clemency proceedings will occur in those cases, clemency
decisions will need to be made, and if clemency is not granted,
executions will occur, all without the benefit of the California
Commission on the Fair Administration of Justice's findings and
recommendations.
   (f) In light of the final and irrevocable nature of the death
penalty, and to ensure that no innocent person is ever executed in
this state, it is necessary to place a moratorium on executions until
the work of the California Commission on the Fair Administration of
Justice is completed and the Legislature has considered that work and
determined whether the moratorium should remain in place or be
ended.
  SEC. 2.  Section 3700 of the Penal Code is amended to read:
   3700.  No judge, court, or officer, other than the Governor, can
suspend the execution of a judgment of death, except the warden of
the State prison to whom he is delivered for execution, as provided
in  the six succeeding sections   this chapter
 , unless an appeal is taken.
  SEC. 3.  Section 3700.2 is added to the Penal Code, to read:
   3700.2.  (a) There is hereby imposed a moratorium on the carrying
out of executions in this state. The warden of the state prison to
whom an inmate is delivered for execution shall not carry out any
executions during the moratorium period.
   (b) The moratorium period shall commence upon the date this
section becomes effective, and shall continue until the Legislature
has fully considered any recommendations of the California Commission
on the Fair Administration of Justice and has enacted legislation
ending the moratorium period.
   (c) Once the moratorium has ended, any date for an execution shall
be set as provided by Section 1227.
  SEC. 4.  The provisions of this bill affect an initiative statute
and shall become effective only when submitted to, and approved by,
the voters of California, pursuant to subdivision (c) of Section 10
of Article II of the California Constitution.