BILL NUMBER: AB 54	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Battin

                        DECEMBER 7, 1998

   An act to amend Section 190.5 of the Penal Code, relating to the
death penalty.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 54, as introduced, Battin.  Death penalty: minors.
   Existing law, added by initiative statute, prohibits the
imposition of the death penalty upon any person who is under the age
of 18 at the time of the commission of the crime.  Existing law
further provides that the penalty for a defendant who is found guilty
of murder in the first degree is death or imprisonment in the state
prison for life without the possibility of parole if one or more
special circumstances has been found to be true.  However, in any
case in which the defendant was 16 years of age or older and under
the age of 18 years at the time of the commission of the crime, the
penalty shall be confinement in the state prison for life without the
possibility of parole or, at the discretion of the court, 25 years
to life.
   This bill instead would prohibit the imposition of the death
penalty upon any person who is under the age of 16 at the time of the
commission of the crime, and would delete the above provisions
specifying the punishment for a defendant convicted of murder in the
first degree who was 16 years of age or older and under the age of 18
years at the time of the commission of the crime and who would
otherwise be eligible for the death penalty.
   The bill would provide that it shall become effective only when
submitted to, and approved by, the voters.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 190.5 of the Penal Code is amended to read:
   190.5.   (a)  Notwithstanding any other provision
of law, the death penalty shall not be imposed upon any person who
is under the age of  18   16  at the time
of the commission of the crime.  The burden of proof as to the age of
such person shall be upon the defendant.  
   (b) The penalty for a defendant found guilty of murder in the
first degree, in any case in which one or more special circumstances
enumerated in Section 190.2 or 190.25 has been found to be true under
Section 190.4, who was 16 years of age or older and under the age of
18 years at the time of the commission of the crime, shall be
confinement in the state prison for life without the possibility of
parole or, at the discretion of the court, 25 years to life.
   (c) The trier of fact shall determine the existence of any special
circumstance pursuant to the procedure set forth in Section 190.4.

  SEC. 2.  Section 1 of this act affects an initiative statute and
shall become effective only when submitted to, and approved by, the
voters of California pursuant to subdivision (c) of Section 10 of
Article II of the California Constitution.