BILL NUMBER: AB 1574	CHAPTERED  10/10/99

	CHAPTER   694
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   MAY 27, 1999

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 26, 1999

   An act to amend Section 189 of the Penal Code, relating to murder.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1574, Corbett.  First degree murder:  torture.
   Existing law, as amended by initiative statute, provides that
murder that is committed in the perpetration of, or attempt to
perpetrate, certain offenses, is murder of the 1st degree.  The
initiative statute provides that any amendment of its provisions by
the Legislature shall require a 2/3 vote of the membership of each
house.
   This bill would additionally provide that murder committed in the
perpetration of, or attempt to perpetrate, torture, is also murder of
the first degree.  By changing the definition of an existing crime,
the bill would impose a state-mandated local program.  Because it
would amend an initiative statute, the bill would require a 2/3 vote
of the membership of each house of the Legislature.
  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 189 of the Penal Code is amended to read:
   189.  All murder which is perpetrated by means of a destructive
device or explosive, knowing use of ammunition designed primarily to
penetrate metal or armor, poison, lying in wait, torture, or by any
other kind of willful, deliberate, and premeditated killing, or which
is committed in the perpetration of, or attempt to perpetrate,
arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train
wrecking, or any act punishable under Section 206, 286, 288, 288a,
or 289, or any murder which is perpetrated by means of discharging a
firearm from a motor vehicle, intentionally at another person outside
of the vehicle with the intent to inflict death, is murder of the
first degree.  All other kinds of murders are of the second degree.
   As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
   To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.
  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.