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.