BILL NUMBER: AB 1712	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   FEBRUARY 18, 2000
	AMENDED IN ASSEMBLY   FEBRUARY 10, 2000

INTRODUCED BY   Assembly Member Cunneen

                        JANUARY 3, 2000

    An act to amend Sections 190.03, 190.1, 190.3, 190.4, and
190.5, relating to the death penalty.   An act to add
Section 13848.8 to the Penal Code, relating to high technology crime
courts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1712, as amended, Cunneen.   Death penalty 
 High technology crime courts  . 
   Existing law establishes the High Technology Theft Apprehension
and Prosecution Program which provides a program of financial and
technical assistance for law enforcement and district attorneys'
offices.
   This bill would authorize San Diego, San Francisco, and Santa
Clara Counties to establish a high technology crime court to hear
criminal cases brought under the High Technology Theft Apprehension
and Prosecution Program and any other high technology crime deemed
appropriate by the presiding judge in the respective county.  Those
specified counties would be authorized to designate judicial
resources to establish and support the high technology crime court.
The bill would also require the Judicial Council to devise
appropriate training and guidelines to implement this program.  

   (1) Existing law, as amended by initiative statute, provides that
the penalty for a defendant found guilty of murder in the first
degree shall be death, or confinement in the state prison for a term
of life without the possibility of parole, where one or more special
circumstances have been charged and found to be true.  The
intentional killing of a person because of his or her race, color,
religion, nationality, or country of origin is one of these special
circumstances.
   Existing law also provides that the penalty for murder in the
first degree is 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.
   This bill would authorize imposition of the death penalty upon a
person convicted of the intentional killing of a person because of
his or her disability, gender, or sexual orientation, or because of
the defendant's perception of the victim's race, color, religion,
nationality, country of origin, disability, gender, or sexual
orientation.  The bill would also make conforming changes to the
procedural provisions of law governing imposition of the death
penalty.
   (2) The bill would provide that it shall become effective only
when submitted to, and approved by, the voters of California.

   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 190.03 of the Penal Code is  
  SECTION 1.  Section 13848.8 is added to the Penal Code, to read:
   13848.8.  (a) The Counties of San Diego, San Francisco, and Santa
Clara may establish a high technology crime court to hear criminal
cases brought under the High Technology Theft Apprehension and
Prosecution Program pursuant to this chapter and any other high
technology crime deemed appropriate by the presiding judge in the
respective county.
   (b) The counties specified in subdivision (a) may designate
judicial resources to establish and support the high technology crime
court.
   (c) The Judicial Council shall devise appropriate training and
guidelines to implement this section.  
_____________________________________  All matter omitted in this
version  of the bill appears in the bill as  amended in the Assembly,
  February 10, 2000 (JR 11)  ____________________________________