BILL NUMBER: SB 878	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 2, 1999

INTRODUCED BY   Senator Hayden

                        FEBRUARY 25, 1999

   An act to add Section 189.1 to the Penal Code, relating to murder.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 878, as amended, Hayden.  Felony murder.
   Existing law, defines first degree murder to include any killing
that is committed during the perpetration or attempted perpetration
of a specified felony offense.  First degree murder is punishable by
confinement in the state prison for a term of 25 years to life, and
2nd degree murder is punishable by confinement in the state prison
for a term of 15 years to life.  The California and United States
Constitution prohibit punishment that is disproportionate to the
offense under specified criteria.
   This bill would require the court in  every  
a  case where  the   more than one 
defendant  is   was  convicted of felony
murder, to determine prior to imposing a sentence of first degree
murder  on a defendant who did not physically or directly commit
the murder  , whether imposition of a sentence of first degree
murder is proportionate to the offense committed and to the defendant'
s culpability in committing that offense by considering specified
criteria and to state its reasons on the record.  If the court
determines that a sentence for first degree murder would be
disproportionate, the bill would require the court to reduce the
degree of the crime and to impose a sentence for 2nd degree murder.
By increasing the duties of local officials, this bill would impose a
state-mandated local program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 189.1 is added to the Penal Code, to read:
   189.1.  (a) In  every   a  case where
 the   more than one  defendant  is
  was  convicted of felony murder, the court shall
determine, prior to imposing sentence  on a defendant who did
not physically or directly commit the murder , whether the
imposition of a sentence of first degree murder is proportionate to
the offense committed by the defendant and to the defendant's
culpability in committing the offense.  The court shall state its
reasons on the record and shall make its determination by considering
the following factors:
   (1) The nature of the offense in the abstract and the totality of
the actual circumstances surrounding the commission of the offense,
including the defendant's motive, the way the crime was committed,
the extent of the defendant's involvement, and the consequences of
the defendant's acts.
   (2) The nature of the offender including the defendant's age,
prior criminal record, personal characteristics, and state of mind.
   (b) If the court determines pursuant to subdivision (a) that a
sentence of first degree murder would be disproportionate to the
offense committed by the defendant or to the defendant's culpability
in committing the offense, the court shall reduce the degree of the
offense to second degree murder and impose a sentence for second
degree murder.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.