BILL NUMBER: SB 779	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Anderson

                        FEBRUARY 22, 2013

   An act to amend  Section 190.8   Sections
68661, 68661.1, 68662, 68664, and 68665 of, to add Section 68661.1
to, to repeal Section 15425 of, and to repeal and add Section 15403
of, the Government Code, and to amend Sections 190.7, 190.8, 1202a,
1227, 1239, 1240, 1240.1, 1335, 3603, 3604, 3605, and 3700.5 
 of, to add Section 1509, 3604.1, 3604.2, and 3604.3 to, to
repeal Sections 3601 and 3602 of, and to repeal and add Section 3600
 of the Penal Code, relating to capital punishment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 779, as amended, Anderson. Capital punishment: appeals. 
   (1) Existing law requires the Governor to appoint a State Public
Defender and requires the State Public Defender, among other things,
to formulate plans for the representation of indigents in the Supreme
Court and each appellate district.  
   This bill would delete the provision requiring the State Public
Defender to formulate plans for the representation of indigents. The
bill would require the State Public Defender to report annually to
the Governor and the Legislature on the status of, and appointment of
counsel for, indigent persons with respect to death penalty appeals.
 
   (2) Existing law provides that the duties prescribed by the State
Public Defender in existing law are not exclusive, and allows the
State Public Defender to perform any acts consistent with his or her
prescribed duties in carrying out the functions of the office. 

   This bill would delete these provisions.  
   (3) Existing law establishes the California Habeas Corpus Resource
Center in the judicial branch of state government and authorizes the
center employ up to 34 attorneys who may be appointed by the Supreme
Court to represent any person convicted and sentenced to death in
this state, who is without counsel, and who is determined by a court
to be indigent, for the purposes of instituting and prosecuting
postconviction actions in state and federal courts, challenging the
legality of the judgment or sentence imposed against that person, and
preparing petitions for executive clemency. Among other things,
existing law requires the center to establish and periodically update
a roster of attorneys qualified as counsel in postconviction
proceedings in capital cases.  
   Existing law requires the Supreme Court to offer to appoint
counsel to represent all state prisoners subject to a capital
sentence for state postconviction proceedings and enter an order to
appoint one or more counsel to represent the prisoner in
postconviction state proceedings upon a finding that the prisoner is
indigent or unable to completely decide whether to accept or reject
that offer. Existing law grants the center the power to employ
investigators and staff to provide services to appointed counsel, and
to provide legal or other advice or, to the extent not otherwise
available, any other assistance to the appointed counsel in
postconviction proceedings as is appropriate.  
   This bill would instead require the superior court which imposed
the death sentence to offer to appoint counsel to represent state
prisoners subject to a capital sentence for purposes of state
postconviction proceedings, and would require the superior court to
appoint one or more counsel to represent the prisoner in a state
habeas corpus proceeding. The bill would require the Legislature to
ensure funding to fulfill these requirements, and would authorize the
Legislature to consider utilizing funds that were formerly
appropriated for the support of the Supreme Court. The bill would
provide that the center shall annually recommend attorneys to the
Supreme Court for inclusion in a roster of attorneys qualified as
counsel in postconviction proceedings in capital cases, provided that
the final determination of whether to include an attorney in a
roster shall be made by the Supreme Court and not delegated to the
center. This bill would remove the power of the center to provide any
other assistance to appointed counsel other than employing
investigators and staff, or providing legal or other advice. 

   The bill would provide that the center may only represent a person
sentenced to death on one federal habeas corpus petition, and only
if certain requirements are met, including that the center was
appointed to represent that person on a state petition for habeas
corpus.  
   (4) Existing law requires that the executive director of the
California Habeas Corpus Resource Center be chosen by a 5-member
board of directors and confirmed by the Senate, as provided. 

   This bill would eliminate the provisions regarding the 5-member
board of directors and instead require the executive director to be
appointed by the Supreme Court. The bill would provide that the
executive director shall receive the salary that is specified in
existing law for the State Public Defender and would require all
other attorneys employed by the center to be compensated at the same
level as comparable positions in the office of the State Public
Defender.  
   (5) Existing law requires the Judicial Counsel and the Supreme
Court to adopt binding and mandatory competency standards for the
appointment of counsel in death penalty direct appeals and habeas
corpus proceedings.  
   This bill would instead provide that an attorney shall be deemed
competent for appointment as counsel in a death penalty direct appeal
or habeas corpus proceeding if the attorney has been admitted to
practice in a court of appeal for not less than 5 years, and has had
not less than 3 years of experience in handling appeals in that court
in felony cases, as specified in federal law. The bill would allow
the Judicial Council and the Supreme Court to adopt mandatory
competency standards in lieu of the above provision, as specified,
and would require the above standard to be in effect until the
Judicial Council or the Supreme Court has adopted new standards.
 
   (6) Existing law requires the California Habeas Corpus Resource
Center to report annually to the Legislature, the Governor, and the
Supreme Court on the status of appointment of counsel for indigent
persons in postconviction capital cases, and on the operations of the
center.  
   This bill would require the report to list all cases in which the
center is providing representation. For each case that has been
pending for more than one year in any court, the bill would require
the report to state the reason for the delay and actions the center
is taking to bring the case to completion. The bill would require the
report to be made available on the center's Internet Web site or by
another medium providing equal or better access to the public. 

   (7) Existing law, for purposes of the death penalty, defines the
"entire record" as including the normal and additional record
prescribed in the rules adopted by the Judicial Council pertaining to
an appeal taken by the defendant from a judgment of conviction, a
copy of any other record on file or lodged with the superior court,
and a transcript of any other oral proceeding reported in the
superior court.  
   This bill would instead define the record for purposes of death
penalty cases and provide that jury questionnaires filled out by
jurors who were excused without having been seated in the jury box
during the selection process and who were not excused for cause are
not part of the record.  
   (8) Existing law requires the record on appeal to be expeditiously
certified in 2 stages, first for completeness and 2nd for accuracy,
in any case in which the death sentence has been imposed. Existing
law requires the clerk of the superior court to provide trial counsel
copies of the clerk's transcript within 30 days of the imposition of
the death sentence. Existing law requires trial counsel to alert the
court's attention to any errors in the transcripts incidentally
discovered by counsel while reviewing them in the normal course of
trial preparation. Existing law requires the trial court to certify
the record for completeness and for incorporation of all corrections
no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown, except that existing law
provides this time period may be extended if the trial transcript
exceeds 10,000 pages.  
   Existing law requires the trial court to hold one or more hearings
for trial counsel to address the completeness of the record and any
outstanding errors that have come to their attention and to certify
that they have reviewed all docket sheets to ensure that the record
contains transcripts for any proceedings, hearings, or discussions
that are required to be reported. Existing law requires the trial
court to certify the record for accuracy no later than 120 days after
the record has been delivered to appellate counsel, except that
existing law provides that this time may be extended, as provided.
 
   This bill would delete the requirement that the record be
certified in 2 stages for completeness and accuracy. The bill would
require the superior court to provide trial counsel with copies of
the clerk's transcript, the reporter's transcript, and a
comprehensive journal of proceedings, as provided. The bill would
require trial counsel to undertake to identify and promptly alert the
court's attention to any errors in the transcript of proceedings and
to provide a list of any proposed corrections to the reporter's
transcript. The bill would remove the exception to the 90-day
certification requirement for proceedings in which the trial
transcript exceeds 10,000 pages. The bill would require the clerk of
the trial court to deliver a copy of the record on appeal to the
Attorney General.  
   The bill would provide that no additional motion for correcting
the record may be entertained after the record is certified, except
that either party may file in the Supreme Court a motion for referral
to the trial court for correction of a material error in the record,
as provided. The bill would require the Supreme Court to rule on the
motion not later than 21 days after it is filed.  
   (9) Under existing law, when an appeal lies on behalf of a
defendant or the people, the appeal may be taken in the manner
provided in the rules adopted by the Judicial Counsel. Under existing
law, when a judgment of death is rendered, an appeal is
automatically taken by the defendant without any action by him or his
or her counsel.  
   This bill would provide that the appellate court may require the
appellant to be represented by counsel, but would require counsel to
respect the right of the client to determine the goals of
representation.  
   (10) Existing law authorizes the Supreme Court to appoint counsel
other than the State Public Defender in cases where a judgment of
death has been rendered.  
   This bill would instead prohibit the State Public Defender from
being appointed in a noncapital case at any time when there is a
backlog of capital cases awaiting appointment of more than 3 months
and the State Public Defender is unable to take all of the cases for
which the State Public Defender would otherwise be appointed. The
bill would require the clerk of the Supreme Court to notify the State
Public Defender of a case promptly upon docketing, and would require
the State Public Defender to notify the Supreme Court if the office
is unable to represent the appellant within 30 days. The bill would
require the Supreme Court to promptly issue an order appointing the
State Public Defender as counsel for the appellant if notice is not
received within the 30 days. The bill would require any attorney who
is qualified for appointment in capital appeals to agree to accept
any appointments as a condition of remaining on the list of attorneys
for appointment by a court of appeals in noncapital cases, as
provided.  
   (11) Existing law provides that every person unlawfully imprisoned
or restrained of liberty may prosecute a writ of habeas corpus to
inquire into the cause of the imprisonment or restraint. Existing law
requires that the person upon whom the writ is served to file a
return. Existing law requires that if the party is held under illegal
restraint or custody, he or she shall be discharged, and if not, he
or she shall be restored to the care or custody of the person
entitled thereto. Existing law provides that an appeal may be taken
from a final order of a superior court upon the return of a writ of
habeas corpus discharging the defendant to the court of appeal in all
criminal cases, except that existing law requires the appeal to be
to the Supreme Court in cases where judgment of death has been
rendered.  
   This bill would provide the exclusive procedure for collateral
attack on a judgment of death. The bill would require any petition
for writ of habeas corpus filed by a person in custody pursuant to a
judgment of death to be filed in, or transferred to, the court that
imposed the sentence unless good cause is shown for the petition to
be heard by another court. The bill would require that the prisoner
be offered counsel, and would authorize the prisoner or the State to
appeal the decision on the petition to the court with jurisdiction
over the appeal from the underlying criminal judgment. The bill would
prohibit a successive petition to be used as a means of reviewing a
denial of habeas relief. The bill would require the initial petition
to be filed within one year of appointing counsel or of the defendant'
s rejecting of counsel, unless the court finds, by a preponderance of
all available evidence that the defendant is actually innocent of
the crime or is ineligible for the sentence of death. The bill would
require that a successive petition claiming innocence or
ineligibility for the sentence of death to disclose all material
information relating to guilt in possession of the petitioner. 

   (12) Existing law requires that every male person upon whom a
judgment of death has been imposed to be delivered to the warden of
the California state prison designated by the department for the
execution of the death penalty, and requires the person to be kept
there until the execution of judgment. Existing law allows an inmate
who commits specified crimes to be housed in secure condemned
housing. Existing law requires that a judgment for imprisonment where
the judgment is for death to direct the defendant to be delivered to
the warden of the California Prison at San Quentin.  
   This bill would instead allow the department to transfer any
inmate, without regard to gender, to another prison which the
department determines provides a level of security sufficient for the
inmate, and would require the inmate to be returned to the prison
designated for execution of the death penalty after an execution date
has been set. The bill would allow a condemned inmate to be housed
in any state prison designated by the Secretary of the Department of
Corrections and Rehabilitation for the housing of condemned
prisoners.  
   (13) Existing law requires a court, if a judgment of death remains
in force and has not been executed, to enter an order appointing a
day upon which the judgment shall be executed that is not less than
30 days, nor more than 60 days from the time of making the order.
 
   This bill would instead require the court enter an order
specifying a period of 30 days during with the judgment shall be
executed, as provided. The bill would make conforming changes. 

   (14) Existing law requires that, in order to expedite
certification of the entire record on appeal in all criminal cases,
the defendant's trial counsel and the prosecutor continue to
represent the respective parties. Existing law specifies that each
counsel's obligations extend to taking all steps necessary to
facilitate the preparation and timely certification of the record of
superior court proceedings. Existing law specifies that these
provisions do not foreclose the defendant's appellate counsel from
requesting additions or corrections to the record on appeal in either
the trial court or the Supreme Court in a manner provided by the
rules of court adopted by the Judicial Council.  
   This bill would delete these provisions.  
   (15) Under existing law, when a defendant has been charged with a
public offense triable in any court, he or she may, and in cases
other than those for which the punishment may be death, the people
may, have witnesses examined conditionally, as specified.  
   This bill would allow witnesses to be examined conditionally by
the defendant and by the people in any case where the defendant has
been charged with a public offense triable in any court, as provided.
 
   (16) Existing law requires a judgment of death to be executed
within the walls of the California State Prison at San Quentin.
Existing law requires every female person, upon whom has been imposed
the judgment of death, to be delivered to the warden of the Central
California Women's Facility, to be held pending appeal. Upon
affirmance of her appeal, existing law requires the female person
sentenced to death to be delivered to the warden of the California
state prison designated by the department for the execution of the
death penalty  
   This bill would delete the above provisions relating to condemned
female inmates and would instead require the judgment of death in the
case of both genders to be executed within the walls of a state
prison to be determined by the Secretary of the Department of
Corrections and Rehabilitation. The bill would provide that this
determination, and any standards, procedures, or regulations
promulgated by the department in regard to the administration of the
penalty of death, would not be subject to review by the Office of
Administrative Law, as provided.  
   (17) Existing law requires the punishment of death to be inflicted
by the administration of lethal gas or an intravenous injection and
provides that if either method is held invalid that the punishment
shall be imposed by the other method.  
   This bill would provide that the punishment of death would be
inflicted by the administration of lethal gas or injection by any
means. The bill would specify that lethal gas may include any gas
administered in a lethal manner, including by displacing oxygen. In
the event a method of execution is held invalid, the bill would
require the court to order the use of a valid method of execution, as
provided. If the method of execution is enjoined by a federal court,
the bill would require the Department of Corrections and
Rehabilitation to adopt a method that conforms to federal
requirements, as specified. If the Department of Corrections and
Rehabilitation fails to perform any duty needed to enable it to
execute judgment, the bill would require the court which rendered the
judgment of death to order the department to perform that duty on
its own motion, on the motion of the district attorney or Attorney
General, or on the motion of any victim of the crime, as specified.
The bill would provide that the execution of judgment shall not be
prevented or substantially delayed under any circumstances. 
    (18)     The California Constitution
requires that a statute that limits   the right of access to
meetings o   f public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by that limitation and the need for protecting
that interest. Except as provided by statute enacted by a two-thirds
vote of the membership in each house of the legislature, the
California Constitution prohibits the exclusion of relevant evidence
in any criminal proceeding, including pretrial and postconviction
motions and hearings.  
   This bill would require the identity and personal identifying
information of the members of an execution team, medical
professionals who assist in or consult on executions, persons who
perform ancillary functions in an execution, and persons who supply
drugs, medical supplies, or medical equipment for an execution to be
privileged official information. The bill would prohibit disclosure
of this information, and would provide the information shall not be
subject to discovery in any civil, criminal, or administrative
proceedings, except as specified. Because this bill would potentially
exclude relevant evidence from a criminal proceeding, it would
require a 2/3 vote. The bill would make a legislative finding and
declaration relating to the necessity of protecting the privacy of
these individuals.  
   The bill would require any pharmacy operated by the Department of
Corrections and Rehabilitation to obtain and provide any drugs or
other controlled substances and medical supplies necessary for the
execution process and practice sessions. The bill would require the
secretary of the department to maintain ultimate authority over the
pharmacy for purposes of obtaining these supplies.  
   The bill would prohibit the infliction of the punishment of death
from being construed to be the practice of medicine. The bill would
prohibit any physician from being compelled by the state to perform
an execution. The bill would allow the state to employ a physician to
be present during the execution and to pronounce death. The bill
would prohibit any agency that regulates the practice of health care
from taking disciplinary action against any licensed health care
professional for participating in, or providing assistance with, and
execution.  
   (19) Existing law requires that the warden of the state prison
where an execution is to take place be present at the execution and
invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens selected by the warden.  
   This bill would require the warden, in the event that a condemned
inmate has been sentenced to death in one or more proceedings or
jurisdictions, to invite the prosecuting attorney, the judge, and the
chief law enforcement official from each jurisdiction where any
death sentence has issued to attend the execution.  
   (20) The bill would provide that it would not be operative unless
Senate Constitutional Amendment No. ____ of the 2013-14 Regular
Session is approved by the voters.  
   Existing law requires the record on appeal in any case in which a
death sentence has been imposed to be expeditiously certified in 2
stages, first for completeness and 2nd for accuracy. Existing law
requires the clerk of the superior court to provide trial counsel
copies of the clerk's transcript within 30 days of the imposition of
the death sentence. Existing law requires trial counsel to alert the
court's attention to any errors in the transcripts incidentally
discovered by counsel while reviewing them in the normal course of
trial preparation. Existing law requires the trial court to certify
the record for completeness and for incorporation of all corrections
no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown, except that existing law
provides this time period may be extended if the trial transcript
exceeds 10,000 pages.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    This act shall be known, and may be
cited, as the Death Penalty reform Act of 2013. 
   SEC. 2.    The Legislature of California finds and
declares the following:  
   (a) The review of capital cases in this state is taking far longer
than is needed for a fair adjudication of claims, that the delay is
contrary to the right of victims and their families to a prompt
conclusion of the case, that the delay impairs the deterrent effect
of capital punishment, costing innocent lives, and that the delay
constitutes a denial of justice in the worse criminal cases. Reforms
in the review process are needed to bring these cases to a prompt,
fair conclusion.  
   (b) As presently administered, the death penalty costs far more
than it needs to. Among the unnecessary expenses are the excessive
length of incarceration during the needlessly prolonged review of the
sentence, unnecessarily expensive conditions of confinement,
unnecessary litigation of execution protocols, briefing of frivolous
claims by defense counsel with the requisite response by the Attorney
General and decision by the courts, and unnecessary repetitive
review of judgments on issues having no bearing on actual guilt of
the offense.  
   (c) In order to protect the privacy of individuals who are members
of an execution team, medical professionals who assist in or consult
on executions, persons who perform ancillary functions in an
execution, and persons who supply drugs, medical supplies, or medical
equipment for an execution, it is necessary that the identity and
personal identifying information of these persons be kept
confidential pursuant to Section 26 of this act 
   SEC. 3.    Section 15403 of the   Government
Code   is repealed.  
   15403.  The State Public Defender shall formulate plans for the
representation of indigents in the Supreme Court and in each
appellate district as provided in this article. Each plan shall be
adopted upon the approval of the court to which the plan is
applicable. Any such plan may be modified or replaced by the State
Public Defender with the approval of the court to which the plan is
applicable. 
   SEC. 4.    Section 15403 is added to the  
Government Code   , to read:  
   15403.  (a) The State Public Defender shall report annually to the
Governor and the Legislature on the status of, and appointment of
counsel for, indigent persons with respect to appeals under Section
11 of Article VI of the California Constitution.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.

   SEC. 5.    Section 15425 of the   Government
Code   is repealed.  
   15425.  The duties prescribed for the State Public Defender by
this chapter are not exclusive and he may perform any acts consistent
with them in carrying out the functions of the office. 
   SEC. 6.    Section 68661 of the   Government
Code   is amended to read: 
   68661.  There is hereby created in the judicial branch of state
government the California Habeas Corpus Resource Center, which shall
have all of the following general powers and duties:
   (a) To employ up to 34 attorneys who may be appointed  by
the Supreme Court   pursuant to Section 68662  to
represent any person convicted and sentenced to death in this state
who is without counsel, and who is determined by a court of competent
jurisdiction to be indigent, for the purpose of instituting and
prosecuting postconviction actions in the state and federal courts,
challenging the legality of the judgment or sentence imposed against
that person  , subject to the limitations specified in Section
68661.1  , and preparing petitions for executive clemency. An
appointment may be concurrent with the appointment of the State
Public Defender or other counsel for purposes of direct appeal under
Section 11 of Article VI of the California Constitution.
   (b) To seek reimbursement for representation and expenses pursuant
to Section 3006A of Title 18 of the United States Code when
providing representation to indigent persons in the federal courts
and process those payments via the Federal Trust Fund.
   (c) To work with the Supreme Court in recruiting members of the
private bar to accept death penalty habeas corpus case appointments.
   (d) To  establish and periodically update  
recommend attorneys on an annual basis to the Supreme Court for
inclusion in  a roster of attorneys qualified as counsel in
postconviction proceedings in capital cases  , provided that the
final determination of whether to include an attorney in the roster
shall be made by the Supreme Court and not delegated to the center
 .
   (e) To establish and periodically update a roster of experienced
investigators and experts who are qualified to assist counsel in
postconviction proceedings in capital cases.
   (f) To employ investigators and experts as staff to provide
services to appointed counsel upon request of counsel, provided that
when  the provision of  those services  is
to   are provided by  private counsel under
appointment  by the Supreme Court  , those services
shall be pursuant to contract between appointed counsel and the
center.
   (g) To provide legal or other advice  or, to the extent
not otherwise available, any other assistance to appointed
counsel in postconviction proceedings as is appropriate when not
prohibited by law.
   (h) To develop a brief bank of pleadings and related materials on
significant, recurring issues that arise in postconviction
proceedings in capital cases and to make those briefs available to
appointed counsel.
   (i) To evaluate cases and recommend assignment by the court of
appropriate attorneys.
   (j) To provide assistance and case progress monitoring as needed.
   (k) To timely review case billings and recommend compensation of
members of the private bar to the court.
   (l) The center shall report annually to the  people, by way of
its Internet Web site or other medium providing equal or better
public access, the  Legislature, the Governor, and the Supreme
Court on the status of the appointment of counsel for indigent
persons in postconviction capital cases, and on the operations of the
center.  On or before January 1, 2000, the Legislative
Analyst's Office shall evaluate the available reports.  
The report shall   list all cases in which the center is
providing representation. For each case that has been pending for
more than one year in any court, the report shall state the reason
for the delay and the actions the center is taking to bring the case
to completion. 
   SEC. 7.    Section 68661.1 is added to the  
Government Code   , to read:  
   68661.1.  (a) The center may represent a person sentenced to death
on one federal habeas corpus petition if, and only if, all of the
following requirements are met:
   (1) The center was appointed to represent that person on a state
petition for habeas corpus.
   (2) The center is appointed for that purpose by the federal court.

   (3) The executive director determines that compensation from the
federal court will fully cover the cost of representation.
   (b) Neither the center nor any other person or entity receiving
state funds shall use state resources to attack any judgment by a
state court in a capital case in a federal court, other than review
in the United States Supreme Court pursuant to Section 1257 of Title
28 of the United States Code.
   (c) The center is not authorized to represent any person on
successive habeas corpus petitions or in any action that constitutes
a collateral attack on the judgment or seeks to delay or prevent its
execution. The center shall not engage in any other litigation or
expend funds in any form of advocacy other than as expressly
authorized by this section or Section 68661.
   SEC. 8.    Section 68662 of the   Government
Code   is amended to read: 
   68662.  The  Supreme Court   superior court
that imposed the sentence  shall offer to appoint counsel to
represent all state prisoners subject to a capital sentence for
purposes of state postconviction proceedings, and shall enter an
order containing one of the following:
   (a) The appointment of one or more counsel to represent the
prisoner in  postconviction state  proceedings 
pursuant to Section 1509 of   the Penal Code  upon a
finding that the person is indigent and has accepted the offer to
appoint counsel or is unable to competently decide whether to accept
or reject that offer.
   (b) A finding, after a hearing if necessary, that the prisoner
rejected the offer to appoint counsel and made that decision with
full understanding of the legal consequences of the decision.
   (c) The denial to appoint counsel upon a finding that the person
is not indigent. 
   (d) The Legislature shall ensure that funding is made available to
fulfill the requirements of this section and Section 1509 of the
Penal Code, and may, in so doing, consider utilizing funds that were
formerly appropriated for the support of the Supreme Court in order
to comply with this section. 
   SEC. 9.   Section 68664 of the   Government
Code   is amended to read: 
   68664.  (a) The center shall be managed by an executive director
who shall be responsible for the day-to-day operations of the center.

   (b) The executive director shall be chosen by  a
five-member board of directors and confirmed by the Senate. Each
Appellate Project shall appoint one board member, all of whom shall
be attorneys. However, no attorney who is employed as a judge,
prosecutor, or in a law enforcement capacity shall be eligible to
serve on the board. The executive director shall serve at the will of
the board   the Supreme Court and shall serve at the
  will of the Supre   me Court  . 
   (c) Each member of the board shall be appointed to serve a
four-year term, and vacancies shall be filled in the same manner as
the original appointment. Members of the board shall receive no
compensation, but shall be reimbursed for all reasonable and
necessary expenses incidental to their duties. The first members of
the board shall be appointed no later than February 1, 1998.
 
   (d) 
    (c)  The executive director shall meet the appointment
qualifications of the State Public Defender as specified in Section
15400. 
   (d) The executive director shall ensure that all matters in which
the center provides representation are completed as expeditiously as
possible, consistent with providing effective representation. 
   (e) The executive director shall receive the salary that shall be
specified for the  executive director   State
Public Defender  in Chapter 6 (commencing with Section 11550) of
Part 1 of Division 3 of Title 2.  All attorneys employed by the
center shall be compensated at the same level as positions with the
same or similar experience requirements in the office of the State
Public Defender. 
   SEC. 10.    Section 68665 of the  
Government Code   is amended to read: 
   68665.   (a) Except as provided in subdivision (b), an
attorney shall be deemed competent for appointment as counsel in a
death penalty direct appeal or habeas corpus proceeding if the
attorney has been admitted to practice in a court of appeals for not
less than five years, and has had not less than three years'
experience in the handling of appeals in that court in felony cases,
as specified in standards adopted by Congress for federal capital
proceedings in subdivision (c) of Section 3599 of Title 18 of the
United States Code or any successor statute.  
    The 
    (b)     The  Judicial Council and the
Supreme Court  shall   may  adopt, by rule
of court, binding and mandatory competency standards for the
appointment of counsel in death penalty direct appeals and habeas
corpus proceedings  in lieu of those provided in subdivision (a).
In establishing the standards, the Judicial Council and the Supreme
Court shall consider the qualifications needed to achieve competent
representation, the need to avoid unduly restricting the available
pool of attorneys in order to provide a timely appointment, and the
standards needed to qualify pursuant to Chapter 154 (commencing with
Section 2261) of Part VI of Title 28 of the United States Code.
Experience requirements shall not be limited to defense experience
 . 
   (c) Immediately upon the effective date of the act adding this
subdivision, Rule 8.605 of the Rules of Court shall be suspended. The
standards under subdivision (a) of this section shall apply until
the Judicial Council or the Supreme Court has adopted new standards
in accordance with the criteria specified in subdivision (b). 
   SEC. 11.    Section 190.7 of the   Penal
Code   is amended to read: 
   190.7.  (a)  The "entire record" referred to in Section
190.6   For purposes of t   his chapter, the
record  includes, but is not limited to, the following:
   (1) The normal and additional record prescribed in the rules
adopted by the Judicial Council pertaining to an appeal taken by the
defendant from a judgment of conviction.
   (2) A copy of any other paper or record on file or lodged with the
superior  or municipal  court and a transcript of
any other oral proceeding reported in the superior  or
municipal  court pertaining to the trial of the cause.
   (b) Notwithstanding this section, the Judicial Council may adopt
rules, not inconsistent with the purpose of Section 190.6,
specifically pertaining to the content, preparation and certification
of the record on appeal when a judgment of death has been
pronounced. 
   (c) Jury questionnaires filled out by jurors who were excused
without having been seated in the jury box during the selection
process and who were not excused for cause are not part of the
"entire record" for purposes of this chapter. 
   SECTION 1.   SEC. 12.   Section 190.8 of
the Penal Code is amended to read:
   190.8.  (a) In any case in which a death sentence has been
imposed, the record on appeal shall be expeditiously certified
 in two stages, the first for completeness and the second for
accuracy, as provided by this section  . The trial court
 may   shall  use all reasonable means to
ensure compliance with all applicable statutes and rules of court
pertaining to record certification in capital appeals, including, but
not limited to, the imposition of sanctions.
   (b) Within 30 days of the imposition of the death sentence, the
clerk of the superior court shall provide to trial counsel copies of
the clerk's transcript  and shall deliver the transcript as
provided by the court reporter   , the reporter's
transcript, and a comprehensive journal of proceedings, prepared on a
form approved by the   Judicial Council, listing each date
on which proceedings culminating in the judgment occurred and noting
the duration   and nature of each session, the names of the
court reporters present at each session, and the page length and
volume designation of all transcriptions prepared in connection with
each session  . Trial counsel shall promptly notify the court if
he or she has not received the transcript within 30 days.
   (c) (1) During the course of a trial in which the death penalty is
being sought, trial counsel shall  undertake to identify and
promptly  alert the court's attention to any errors in the
transcripts  incidentally discovered by counsel while
reviewing them in the ordinary course of trial preparation 
 of the proceedings  . The court shall periodically request
that trial counsel provide a list of  errors in the trial
  any proposed corrections to the reporter's 
transcript during the course of trial and may hold hearings in
connection therewith.
   (2) Corrections to the record shall not be required to include
immaterial typographical errors that cannot conceivably cause
confusion.
   (d) The trial court shall certify the record  for
completeness and for incorporation of all corrections, as provided by
subdivision (c),  no later than 90 days after entry of the
imposition of the death sentence unless good cause is shown. 
However, this time period may be extended for proceedings in which
the trial transcript exceeds 10,000 pages in accordance with the
timetable set forth in, or for good cause pursuant to the procedures
set forth in, the rules of court adopted by the Judicial Council.

   (e) Following the imposition of the death sentence and prior to
the deadline set forth in subdivision (d), the trial court shall hold
one or more hearings for trial counsel to address the completeness
of the record and any  outstanding errors that have come to
their attention   proposed corrections,  and to
certify that they have reviewed  the comprehensive journal of
proceedings prepared by the clerk and  all docket sheets to
ensure that the record contains  complete and correct 
transcripts for  any   all  proceedings,
hearings,  or   and  discussions that are
required to be reported and that have occurred in the course of the
case in any court, as well as all documents required by this code and
the rules adopted by the Judicial Council.
   (f) The clerk of the trial court shall deliver a copy of the
record on appeal to  the Attorney General and the appellant's
 appellate counsel when the clerk receives notice of counsel's
appointment or retention, or when the record is certified 
for completeness  pursuant to subdivision (d), whichever is
later. 
   (g) The trial court shall certify the record for accuracy no later
than 120 days after the record has been delivered to appellate
counsel. However, this time may be extended pursuant to the timetable
and procedures set forth in the rules of court adopted by the
Judicial Council. The trial court may hold one or more status
conferences for purposes of timely certification of the record for
accuracy, as set forth in the rules of court adopted by the Judicial
Council.  
   (g) After the record is certified as provided in subdivision (d),
no additional motions for correcting the record shall be entertained
except as provided in subdivision (h).  
   (h) Either party may file a motion in the Supreme Court for
referral to the trial court for correction of a material error in the
record. The motion shall (1) specify the particular correction
sought, (2) identify the basis for the moving party's belief that the
proposed correction will accurately reflect the events that
transpired at trial, and (3) explain how the proposed correction will
materially affect the disposition of the pending appeal. The motion
shall be made no later than five days after filing the moving party's
principal brief, except that a motion may be made later if the
moving party demonstrates by clear and convincing evidence that
failure to effect the corrections will result in a miscarriage of
justice.  
   (i) The Supreme Court shall rule on any motion under subdivision
(h) not later than 21 days after it is filed. That motion may be
granted only upon a showing of good cause. If the motion is granted,
the Supreme Court shall specify the proposed corrections that shall
be considered by the trial court. The trial court shall, within 30
days, or any shorter period specified by the Supreme Court, issue an
order granting or denying the proposed corrections referred for the
trial court's consideration.  
   (h) 
    (j)  The Supreme Court shall identify in writing to the
Judicial Council any case that has not met the time limit for
certification of the record  for completeness 
pursuant to subdivision (d) or for accuracy pursuant to
subdivision (g)  , and shall identify those cases, and its
reasons, for which it has granted an extension of time. The Judicial
Council shall include this information in its annual report to the
Legislature. 
   (i) 
    (k)  As used in this section, "trial counsel" means both
the prosecution and the defense counsel in the trial in which the
sentence of death has been imposed. 
   (j) 
    (l)  This section shall be implemented pursuant to rules
of court adopted by the Judicial Council. 
   (k) This section shall only apply to those proceedings in which a
sentence of death has been imposed following a trial that was
commenced on or after January 1, 1997.  
   (m) The amendments made to this section by the act adding this
subdivision shall apply only to cases in which the trial commenced 60
days or more after the effective date of the act adding this
subdivision. 
   SEC. 13.    Section 1202a of the   Penal
Code   is amended to read: 
   1202a.   (a)    If the judgment is for
imprisonment in the state prison the judgment shall direct that the
defendant be delivered into the custody of the  Director
  Secretary  of  the Department of 
Corrections  and Rehabilitation  at the state prison or
institution designated by the  Director of Corrections
  secretary  as the place for the reception of
persons convicted of felonies, except where the judgment is for death
in which case the defendant shall be  taken to the warden of
the California State Prison at San Quentin   delivered
into the custody of the secretary to be housed in any state prison
designated by the secretary for the housing of condemned prisoners
 . 
   Unless a different place or places are so designated by the
Director of Corrections, the judgment shall direct that the defendant
be delivered into the custody of the Director of Corrections at the
California State Prison at San Quentin. 
    (b)    The  Director of Corrections
  secretary  shall designate a place or places for
the reception of persons convicted of felonies by order, which order
or orders shall be served by registered mail, return receipt
requested, upon each judge of each superior court in the state. The
 Director of Corrections   secretary  may
change the place or places of commitment by the issuance of a new
order. Nothing contained in this section affects any provision of
Section 3400.
   SEC. 14.    Section 1227 of the   Penal Code
  is amended to read: 
   1227.   (a)    If for any reason other than the
pendency of an appeal pursuant to subdivision (b) of Section 1239 of
this code a judgment of death has not been executed, and it remains
in force, the court in which the conviction was had shall, on
application of the district attorney, or may upon its own motion,
make and cause to be entered an order  appointing a day upon
  specifying a period of 30 days during  which the
judgment shall be executed  , which must not be less than 30
days nor more than 60 days from the time of making such order; and
immediately thereafter,   . The 30-day period shall
begin no more than 30 days after the order is entered and shall end
no more than 60 days after the order is entered. Immediately after
the order is entered,  a certified copy of  such
  the  order, attested by the clerk, under the seal
of the court, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant; provided, that if the defendant be at large, a
warrant for his apprehension may be issued, and upon being
apprehended, he shall be brought before the court, whereupon the
court shall make an order directing the warden of the state prison to
whom the sheriff is instructed to deliver the defendant to execute
the judgment  at a specified time, which shall not be less
than 30 days nor more than 60 days from the time of making such order
  within a period of 30 days. The   30-day
period shall begin no more than 30 days after the order is made and
shall end no more than 60 days after the order is made  .

   From 
    (b)     From  an order fixing the time
for and directing the execution of such judgment as herein provided,
there shall be no appeal.
   SEC. 15.    Section 1239 of the   Penal Code
  is amended to read: 
   1239.  (a) Where an appeal lies on behalf of the defendant or the
people, it may be taken by the defendant or his or her counsel, or by
counsel for the people, in the manner provided in rules adopted by
the Judicial Council.
   (b) When upon any plea a judgment of death is rendered, an appeal
is automatically taken by the defendant without any action by him or
her or his or her counsel. The defendant's trial counsel, whether
retained by the defendant or court appointed, shall continue to
represent the defendant until completing the additional duties set
forth in paragraph (1) of subdivision (e) of Section 1240.1. 
   (c) The appellate court may require the appellant to be
represented by counsel, but counsel shall respect the right of the
client to determine the goals of representation. 

     SEC. 16.    Section 1240 of the   Penal
Code   is amended to read: 
   1240.  (a) When in a proceeding falling within the provisions of
Section 15421 of the Government Code a person is not represented by a
public defender acting pursuant to Section 27706 of the Government
Code or other counsel and he is unable to afford the services of
counsel, the court shall appoint the State Public Defender to
represent the person except as follows:
   (1) The court shall appoint counsel other than the State Public
Defender when the State Public Defender has refused to represent the
person because of conflict of interest or other reason.
   (2) The court may, in its discretion, appoint either the State
Public Defender or the attorney who represented the person at his
trial when the person requests the latter to represent him on appeal
and the attorney consents to the appointment. In unusual cases, where
good cause exists, the court may appoint any other attorney.
   (3) A court may appoint a county public defender, private
attorney, or nonprofit corporation with which the State Public
Defender has contracted to furnish defense services pursuant to
Government Code Section 15402.
   (4) When a judgment of death has been rendered the Supreme Court
may, in its discretion, appoint counsel other than the State Public
Defender or the attorney who represented the person at trial. 
   (5) The State Public Defender shall not be appointed in a
noncapital case at any time when there is a backlog of capital cases
awaiting appointment of more than three months, and the State Public
Defender is unable, by reason of workload, to take all of the capital
cases that the State Public Defender would otherwise be appointed as
provided in subdivision (b).  
   (b) Promptly upon docketing an appeal in a capital case, the clerk
of the Supreme Court shall notify the State Public Defender of the
case. Within 30 days, the State Public Defender shall notify the
court if the office is unable to represent the appellant by reason of
a conflict, workload, or other good cause. If the Supreme Court does
not receive such a notice, the court shall promptly issue an order
appointing the State Public Defender as counsel for the appellant.
The State Public Defender shall ensure that briefs in capital cases
are filed within the time limits specified in Section 190.6 and in
the rules of court, without extensions of time, except in unusual
cases.  
   (c) An attorney who is qualified for appointment in a capital
appeal shall accept appointments to capital appeals as a condition of
remaining on the list of attorneys for appointment by the appellate
court in noncapital cases. An attorney who is not yet qualified for
appointment in capital appeals shall make good faith efforts to
become qualified as a condition of remaining on the list of attorneys
for appointment by the appellate court in noncapital cases. The
Supreme Court may suspend these requirements if the court determines
that there is no more than a six-month delay in the appointment of
counsel for capital appeals, on average, but shall reinstate these
requirements if an average delay of six months or more develops.
 
   (b) 
    (d)  If counsel other than the State Public Defender is
appointed pursuant to this section, he  or she  may exercise
the same authority as the State Public Defender pursuant to Chapter
2 (commencing with Section 15420) of Part 7 of Division 3 of Title 2
of the Government Code.
   SEC. 17.    Section 1240.1 of the   Penal
Code   is amended to read: 
   1240.1.  (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal. The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal. The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed. Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
   (b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
   With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading, or transcript of oral proceedings would
not be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court. The executing
of the notice of appeal by the defendant's attorney shall not
constitute an undertaking to represent the defendant on appeal unless
the undertaking is expressly stated in the notice of appeal.
   If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt. The appellate court shall act upon
that motion without unnecessary delay. An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
   (c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
   (d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court. 
   (e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties. Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of all trial court
proceedings.  
   (2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the California Supreme Court in a manner provided by rules
of court adopted by the Judicial Council. 
   SEC. 18.    Section 1335 of the   Penal Code
  is amended to read: 
   1335.   (a)    When a defendant
has been charged with a public offense triable in any court, he or
she  in all cases,  and the people  in cases
other than those for which the punishment may be death, 
may, if the defendant has been fully informed of his or her right to
counsel as provided by law, have witnesses examined conditionally
 in his or her or their behalf,  as prescribed in
this chapter. 
   (b) When a defendant has been charged with a serious felony or in
a case of domestic violence, the people or the defendant may, if the
defendant has been fully informed of his or her right to counsel as
provided by law, have a witness examined conditionally as prescribed
in this chapter, if there is evidence that the life of the witness is
in jeopardy.  
   (c) As used in this section, "serious felony" means any of the
felonies listed in subdivision (c) of Section 1192.7 or any violation
of Section 11351, 11352, 11378, or 11379 of the Health and Safety
Code.  
   (d) If a defendant has been charged with a case of domestic
violence and there is evidence that a victim or material witness has
been or is being dissuaded by the defendant or any person acting on
behalf of the defendant, by intimidation or a physical threat, from
cooperating with the prosecutor or testifying at trial, the people or
the defendant may, if the defendant has been fully informed of his
or her right to counsel as provided by law, have a witness examined
conditionally as prescribed in this chapter.  
   (e) For the purposes of this section, "domestic violence" means
any public offense arising from acts of domestic violence as defined
in Section 13700. 
   SEC. 19.    Section 1509 is added to the  
Penal Code   , to read:  
   1509.  (a) This section applies to any petition for writ of habeas
corpus filed by a person in custody pursuant to a judgment of death.
A writ of habeas corpus made pursuant to this section is the
exclusive procedure for collateral attack on a judgment of death. A
petition filed in any court other than the court which imposed the
sentence shall be transferred to that court unless good cause is
shown for the petition to be heard by another court. A petition to be
filed in or transferred to the court which imposed the sentence
shall be assigned to the original trial judge unless that judge is
unavailable or there is other good cause to assign the case to a
different judge.
   (b) After the entry of judgment in the trial court, that court
shall offer counsel to the defendant as provided in Section 68662 of
the Government Code. Counsel's appointment terminates upon the final
disposition of the petition, including appellate review. The court
may appoint counsel to represent the petitioner on a successive
petition only if there is a reasonable basis to believe that the
petitioner may be able to meet the criteria for a successive petition
under subdivision (e).
   (c) Either party may appeal the decision on the petition to the
court with jurisdiction over the appeal from the underlying criminal
judgment. A successive petition shall not be used as a means of
reviewing a denial of habeas relief.
   (d) Except as provided in subdivisions (e) and (h), the initial
petition shall be filed within one year of the order entered pursuant
to Section 68662 of the Government Code.
   (e) An initial petition which is untimely pursuant to subdivision
(d), or a successive petition whenever filed, shall be dismissed
unless the court finds, by a preponderance of all available evidence,
whether or not admissible at trial, that the defendant is actually
innocent of the crime of which he or she was convicted or is
ineligible for the sentence. A stay of execution shall not be granted
for the purpose of considering a successive or untimely petition
unless the court finds that the petitioner has a substantial claim of
actual innocence or ineligibility for the sentence of death.
Ineligibility for the sentence of death means that circumstances
exist placing that sentence outside the range of the sentencer's
discretion. Claims of ineligibility include a claim that none of the
special circumstances specified in subdivision (a) of Section 190.2
is true, a claim that the defendant was under the age of 18 at the
time of the crime, or a claim that the defendant is intellectually
disabled as defined in Section 1376. A claim based on voluntary
intoxication, a claim based on mental disease or defect other than
intellectually disabled, or a claim relating to the sentencing
decision pursuant to Section 190.3 is not a claim of actual innocence
for the purposes of this section.
   (f) A petitioner claiming innocence or ineligibility for the death
sentence pursuant to subdivision (e) shall disclose all material
information relating to guilt that is in the possession of the
petitioner or present counsel for the petitioner. If the petitioner
willfully fails to make the disclosure required by this subdivision
to authorize disclosure by counsel, the petition shall be dismissed.
   (g) Proceedings held pursuant to this section shall be conducted
as expeditiously as possible, consistent with a fair adjudication. In
the typical case, the superior court shall render a decision on the
petition within one year of filing, and the Supreme Court shall
decide the appeal from the decision of the superior court within one
year. All cases shall be decided within two years unless the court
finds that a delay is necessary to resolve a substantial claim of
actual innocence.
   (h) This section shall apply to all cases where a judgment of
death is entered after the effective date of the act adding this
section, and to all cases where a judgment was entered earlier but no
application for habeas corpus has been filed as of the effective
date of the act adding this section. If a habeas petition is pending
on the effective date of the act adding this section, the court may
transfer it to the court which imposed the sentence. If no habeas
petition has been filed prior to the effective date of this section,
a motion that would otherwise be barred by subdivision (d) may be
filed within one year of the effective date, or within the time
allowed under law as it existed prior to the effective date of the
act adding this section, whichever is earlier. 
   SEC. 20.    Section 3600 of the   Penal Code
  is repealed.  
   3600.  (a) Every male person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the California
state prison designated by the department for the execution of the
death penalty, there to be kept until the execution of the judgment,
except as provided in subdivision (b).
   (b) Notwithstanding any other provision of law:
   (1) A condemned inmate who, while in prison, commits any of the
following offenses, or who, as a member of a gang or disruptive
group, orders others to commit any of these offenses, may, following
disciplinary sanctions and classification actions at San Quentin
State Prison, pursuant to regulations established by the Department
of Corrections, be housed in secure condemned housing designated by
the Director of Corrections, at the California State Prison,
Sacramento:
   (A) Homicide.
   (B) Assault with a weapon or with physical force capable of
causing serious or mortal injury.
   (C) Escape with force or attempted escape with force.
   (D) Repeated serious rules violations that substantially threaten
safety or security.
   (2) The condemned housing program at California State Prison,
Sacramento, shall be fully operational prior to the transfer of any
condemned inmate.
   (3) Specialized training protocols for supervising condemned
inmates shall be provided to those line staff and supervisors at the
California State Prison, Sacramento, who supervise condemned inmates
on a regular basis.
   (4) An inmate whose medical or mental health needs are so critical
as to endanger the inmate or others may, pursuant to regulations
established by the Department of Corrections, be housed at the
California Medical Facility or other appropriate institution for
medical or mental health treatment. The inmate shall be returned to
the institution from which the inmate was transferred when the
condition has been adequately treated or is in remission.
   (c) When housed pursuant to subdivision (b) the following shall
apply:
   (1) Those local procedures relating to privileges and
classification procedures provided to Grade B condemned inmates at
San Quentin State Prison shall be similarly instituted at California
State Prison, Sacramento, for condemned inmates housed pursuant to
paragraph (1) of subdivision (b) of Section 3600. Those
classification procedures shall include the right to the review of a
classification no less than every 90 days and the opportunity to
petition for a return to San Quentin State Prison.
   (2) Similar attorney-client access procedures that are afforded to
condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in secure condemned housing
designated by the Director of Corrections, at the California State
Prison, Sacramento. Attorney-client access for condemned inmates
housed at an institution for medical or mental health treatment shall
be commensurate with the institution's visiting procedures and
appropriate treatment protocols.
   (3) A condemned inmate housed in secure condemned housing pursuant
to subdivision (b) shall be returned to San Quentin State Prison at
least 60 days prior to his scheduled date of execution.
   (4) No more than 15 condemned inmates may be rehoused pursuant to
paragraph (1) of subdivision (b).
   (d) Prior to any relocation of condemned row from San Quentin
State Prison, whether proposed through legislation or any other
means, all maximum security Level IV, 180-degree housing unit
facilities with an electrified perimeter shall be evaluated by the
Department of Corrections for suitability for the secure housing and
execution of condemned inmates. 
   SEC. 21.    Section 3600 is added to the  
Penal Code   , to read:  
   3600.  Every person, upon whom has been imposed the judgment of
death, shall be delivered to the warden of the state prison
designated by the department for the execution of the death penalty.
The inmate shall be kept in a state prison until execution of
judgment. The department may transfer the inmate to another state
prison which the department determines provides a level of security
sufficient for that inmate. The inmate shall be returned to the
prison designated for execution of the death penalty after an
execution date has been set. 
   SEC. 22.    Section 3601 of the   Penal Code
  is repealed.  
   3601.  Every female person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the Central
California Women's Facility, there to be held pending decision upon
appeal. 
   SEC. 23.    Section 3602 of the   Penal Code
  is repealed.  
   3602.  Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation. 
   SEC. 24.    Section 3603 of the   Penal Code
  is amended to read: 
   3603.  The judgment of death shall be executed within the walls of
 the California State Prison at San Quentin   a
state prison facility to be determined by the Secretary of the
Department of Corrections and Rehabilitation  .
   SEC. 25.    Section 3604 of the   Penal Code
  is amended to read: 
   3604.  (a) The punishment of death shall be inflicted by the
administration of a lethal gas or by an  intravenous
 injection of a substance or substances in a lethal quantity
sufficient to cause death, by standards established under the
direction of the Department of Corrections  and Rehabilitation.
Lethal gas may include, but is not limited to, a nontoxic gas
administered in a lethal manner, such as by displacing oxygen. The
department shall at all times maintain the capability to execute a
sentence of death by either means  .
   (b) Persons sentenced to death prior to or after the operative
date of this subdivision shall have the opportunity to elect to have
the punishment imposed by lethal gas or lethal injection. This choice
shall be made in writing and shall be submitted to the warden
pursuant to regulations established by the Department of Corrections
 and Rehabilitation  . If a person under sentence of death
does not choose either lethal gas or lethal injection within 10 days
after the warden's service upon the inmate of an execution warrant
issued following the operative date of this subdivision, the penalty
of death shall be imposed by lethal injection.
   (c) Where the person sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the inmate again shall have the opportunity to elect to have
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in subdivision (b).
   (d) Notwithstanding subdivision (b), if either manner of execution
described in subdivision (a) is held invalid,  has been enjoined
by a court of competent jurisdiction, or is unavailable for any
reason,  the punishment of death shall be imposed by the
alternative means specified in subdivision (a). 
   (e) The provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code shall not
apply to standards, procedures, or regulations promulgated pursuant
to this section.  
   (f) The court which rendered the judgment of death has exclusive
jurisdiction to hear any claim by the condemned inmate that the
method of execution is unconstitutional or otherwise invalid. A claim
shall be made within one year of the adoption of the method or
within one year of the enactment of the act adding this subdivision,
whichever is later. If the method is found invalid, the court shall
order the use of a valid method of execution. The execution of
judgment shall not be prevented or substantially delayed under any
circumstances. If the use of a method of execution is enjoined by a
federal court, the department shall promptly adopt a method that
conforms to federal requirements as found by that court. If the
department fails to perform any duty needed to enable it to execute
judgment, the court which rendered the judgment of death shall order
it to perform that duty on its own motion, on the motion of the
district attorney or Attorney General, or on motion of any victim of
the crime as specified in subdivision (c) of Section 28 of Article I
of the California Constitution. 
   SEC. 26.    Section 3604.1 is added to the  
Penal Code   , to read:  
   3604.1.  (a) The identity and personal identifying information of
the members of the execution team, medical professionals who assist
in or consult on executions, persons who perform ancillary functions
in an execution, and persons who supply drugs, medical supplies or
medical equipment for an execution is privileged official
information.
   (1) This information shall not be subject to disclosure pursuant
to Government Code Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
   (2) This information shall not be subject to discovery in any
civil, criminal or administrative proceeding absent a court order
made pursuant to subdivisions (b) to (f)
                      , inclusive.
   (b) A party seeking the discovery or disclosure of the information
specified in subdivision (a) shall file a written motion with the
appropriate court or administrative body upon written notice to the
governmental agency which has custody and control of the information.
The written notice shall be given at the times prescribed by
subdivision (b) of Section 1005 of the Code of Civil Procedure. Upon
receipt of the notice the governmental agency served shall
expeditiously notify the individual whose information is being
sought.
   (c) The motion shall include all of the following:
   (1) A specific description of the information sought.
   (2) Identification of the proceeding in which discovery or
disclosure is sought, the identity of the party seeking discovery or
disclosure, the governmental agency which has custody and control of
the information, and the time and place at which the motion for
discovery or disclosure shall be heard.
   (3) Affidavits showing good cause for the discovery or disclosure
sought, setting forth the materiality thereof to the subject matter
involved in the pending litigation, and stating upon reasonable
belief that the governmental agency identified has the information.
Good cause in a criminal case consists of a substantial showing that
the information sought is material to the guilt of the defendant.
Good cause in a civil case or administrative proceeding consists of a
substantial showing that the information sought is critical to the
ultimate issue to be decided by the trier of fact.
   (d) No hearing upon a motion for discovery or disclosure shall be
held without full compliance with the notice provisions of this
section except upon a waiver of the hearing by the governmental
agency identified as possessing the information and by the person
whose information is being sought.
   (e) The court shall hold the hearing outside the presence of any
party other than the holder of the information, the person whose
information is being sought, and their counsel, except that the
person whose information is being sought may waive his or her
presence. At the in camera hearing, the agency in possession of the
information and the person whose information is being sought may
offer evidence which would tend to disclose, or which discloses, the
information sought, to aid the court in its determination of whether
there is a reasonable possibility that nondisclosure might deprive
the moving party of a fair trial or hearing. A court reporter shall
be present at the in camera hearing. Any transcription of the
proceedings at the in camera hearing, as well as any physical
evidence presented at the hearing, shall be ordered sealed by the
court, and only a court may have access to its contents.
   (f) Unless a protective order is waived by the agency possessing
the information and the person whose information is being sought, the
court shall make any protective order which justice requires to
protect the person or agency from unnecessary annoyance,
embarrassment or oppression including but not limited to the
following:
   (1) Limiting disclosure of the information sought to the moving
party, counsel of record for the moving party, and investigators who
are working on that case.
   (2) Prohibiting further disclosure of the information by the
parties to any other person or entity.
   (3) Ordering that the information disclosed or discovered may not
be used for any purpose other than a court proceeding pursuant to
applicable law.
   (4) Redacting the information to avoid identifying the person
whose information is sought. 
   SEC. 27.    Section 3604.2 is added to the  
Penal Code   , to read:  
   3604.2.  Any pharmacy operated by the Department of Corrections
and Rehabilitation shall be required to obtain and provide any drugs
or other controlled substances and medical supplies necessary for the
execution procedure and for any practice sessions. Notwithstanding
who is in control of the pharmacy for any other purpose, the
Secretary of the Department of Corrections and Rehabilitation shall
maintain ultimate authority over the pharmacy for purposes of
obtaining and providing supplies and controlled substances to be used
in executions. 
   SEC. 28.    Section 3604.3 is added to the 
Penal Code   , to read:  
   3604.3.  (a) It being in the best interest of the state and the
condemned to secure the participation of medical professionals to
assure that the execution process is effective and humane, the
infliction of the punishment of death by administration of the
required lethal substances in the manner required by this chapter
shall not be construed to be the practice of medicine.
   (1) A physician may not be compelled by the state to perform an
execution.
   (2) The state may employ a physician for the purpose of ensuring
that the execution protocol is effective and humane.
   (3) The state may employ a physician to be present during an
execution for the purpose of ensuring that the execution is performed
with minimal distress and discomfort to the inmate. A physician who
is so employed may intervene in an execution to correct any
deficiencies he or she observes that may cause unnecessary distress
or discomfort to the condemned inmate.
   (b) The state may employ a physician for purposes of pronouncing
death after an execution.
   (c) Notwithstanding any provision of law to the contrary, no
licensing board, department, commission or accreditation agency which
oversees or regulates the practice of health care or certifies or
licenses healthcare professionals may censure, reprimand, suspend,
revoke, or take any other disciplinary action against any licensed
health care professional, including, but not limited to, physicians,
nurses, pharmacists, and pharmaceutical compounders, for
participating in or providing assistance with the execution of any
convicted person carried out under this article or the formulation of
an execution protocol.
   (d) The purchase of drugs, medical supplies or medical equipment
necessary to carry out an execution shall not be subject to the
provisions of Chapter 9 (commencing with Section 4000) of Division 2
of the Business and Professions Code, and any pharmacist, or
supplier, compounder or manufacturer of pharmaceuticals is authorized
to dispense drugs and supplies to the Secretary or the Secretary's
designee, without prescription, for carrying out the provisions of
this section. 
   SEC. 29.    Section 3605 of the   Penal Code
  is amended to read: 
   3605.  (a) The warden of the state prison where the execution is
to take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden. The warden
shall, at the request of the defendant, permit those ministers of
the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the execution. But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
   (b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing. In the event that a written request is made, the
warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
   (2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
   (c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary. A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation. 
   (d) If a condemned inmate has been sentenced to death in one or
more criminal proceedings in this state, or has been sentenced to
death in this state and by one or more courts of competent
jurisdiction in another state, or pursuant to federal authority, or
any combination thereof, and this state has priority to execute the
defendant, the warden shall invite the prosecuting attorney, or his
or her designee, the judge, and the chief law enforcement official,
from each jurisdiction where any death sentence has issued, to attend
the execution. 
   SEC. 30.    Section 3700.5 of the   Penal
Code   is amended to read: 
   3700.5.  Whenever a court makes and causes to be entered an order
appointing a  day upon   30-day period during
 which a judgment of death shall be executed upon a defendant,
the warden of the state prison to whom such defendant has been
delivered for execution  or, if the defendant is a female,
the warden of the Central California Women's Facility, 
shall notify the  Director of Corrections  
Secretary of the Department of Corrections and Rehabilitation 
who shall thereupon select and appoint three  alienists
  psychiatrists or licensed psychologists  , all of
whom must be from the medical staffs of the  Department of
Corrections   department  , to examine the
defendant, under the judgment of death, and investigate his or her
sanity. It is the duty of the  alienists  
psychiatrists or licens   ed psychologists  so selected
and appointed to examine  such  the 
defendant and investigate his or her sanity, and to report their
opinions and conclusions thereon, in writing, to the Governor
 , to the warden of the prison at which the execution is to
take place, or, if the defendant is female, the warden of the Central
California Women's Facility,   and to the warden 
at least 20 days prior to the  first  day  of the 30-day
period  appointed for the execution of the judgment of death
upon the defendant. The warden shall furnish a copy of the report to
counsel for the defendant upon his or her request.
   SEC. 31.    If any provision of this act, or any part
of any provision, or if its application to any person or
circumstance is held to be invalid or unconstitutional for any
reason, the remaining provisions and application that can be given
effect without the invalid or unconstitutional provisions or
application shall not be affected, but shall remain in full force and
effect, and, to this end, the provisions are severable. 
   SEC. 32.    This act shall only become operative if
Senate Constitutional Amendment No. ____ of the 2013-14 Regular
Session is approved by the voters.