BILL NUMBER: AB 208 CHAPTERED BILL TEXT CHAPTER 566 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE ASSEMBLY SEPTEMBER 7, 1999 PASSED THE SENATE SEPTEMBER 3, 1999 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 INTRODUCED BY Assembly Member Knox (Coauthors: Assembly Members Jackson, Kuehl, Romero, Shelley, Villaraigosa, and Zettel) (Coauthor: Senator Johnston) JANUARY 25, 1999 An act to add Section 190.03 to the Penal Code, relating to murder. LEGISLATIVE COUNSEL'S DIGEST AB 208, Knox. Murder: punishment. (1) Existing law provides that the penalty for a defendant who is found guilty of murder in the first degree is death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. If one or more special circumstances is found to be true, a defendant who is found guilty of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole. Existing law also provides that the penalty for first degree murder is imprisonment in the state prison for life without the possibility of parole if (1) the victim is the operator or driver of a public transportation vehicle used for the transportation of persons for hire or a station or ticket agent for the entity providing this transportation, (2) the victim was intentionally killed while engaged in the performance of his or her duties, (3) the defendant knew or reasonably should have known that the victim was a person so engaged, and (4) a special circumstance to this effect has been charged and found to be true. This bill would provide that the penalty for a defendant who is found guilty of murder in the first degree is imprisonment in the state prison for life without the possibility of parole if the victim was intentionally killed because of the victim's disability, gender, or sexual orientation or because of the defendant's perception of the victim's disability, gender, or sexual orientation, and this allegation has been charged and found to be true. The bill would prohibit the court from striking that allegation, except in the interest of justice, and would require the court to state its reasons in writing for doing so. By defining an additional circumstance that would be punishable by life imprisonment without the possibility of parole, this bill would impose a state-mandated local program. (2) Existing law, with regard to so-called hate crimes, prescribes various punishments for criminal acts committed "because of" a person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. Existing law, as interpreted by the California Supreme Court, further provides that the phrase "because of," as used in hate crime statutes, means the bias motivation must have been a cause in fact of the offense, and that when multiple concurrent causes exist, the bias motivation must have been a substantial factor in bringing about the offense. This bill would define "because of" for purposes of the provision described in (1) to conform with the decisions of the California Supreme Court and would provide that the definition is declaratory of existing case law. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 190.03 is added to the Penal Code, to read: 190.03. (a) A person who commits first-degree murder shall be punished by imprisonment in the state prison for life without the possibility of parole, if the defendant intentionally killed the victim because of the victim's disability, gender, or sexual orientation or because of the defendant's perception of the victim's disability, gender, or sexual orientation. (b) The term authorized by subdivision (a) shall not apply unless the allegation is charged in the accusatory pleading and admitted by the defendant or found true by the trier of fact. The court shall not strike the allegation, except in the interest of justice, in which case the court shall state its reasons in writing for striking the allegation. (c) For the purpose of this section, "because of" means the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. This subdivision does not constitute a change in, but is declaratory of, existing law as set forth in In Re M.S. (1995) 10 Cal.4th 698, 716-720 and People v. Superior Court of San Diego County (Aishman) (1995) 10 Cal.4th 735. (d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.