BILL ANALYSIS                                                                                                                                                                                                    




          Appropriations Committee Fiscal Summary

                                SB 878  (Hayden)

Hearing Date:5/10/99            Amended:As Introduced  
Consultant: Lisa Matocq         Policy Vote:Pub Saf 4-2
____________________________________________________________ 

BILL SUMMARY: 

SB 878 requires the court in a case where a person is  
convicted of first degree felony murder to determine, prior  
to imposing the sentence, whether imposing a sentence of  
first degree murder is proportionate to the offense  
committed and to the defendant's culpability in committing  
the offense, as specified. 

                         Fiscal Impact (in thousands)
  
Major Provisions                       1999-2000         2000-01        2001-02      
  Fund  
                         
Courts             Unknown increased costs, probably less        Special*
                   than $150,000 annually, for an increase
                   in workload
*Trial Court Trust Fund                               

STAFF COMMENTS:  

The bill specifies two criteria that the court shall use in  
making the sentencing determination.   It also provides  
that if the court determines that a first degree murder  
sentence is disproportionate to the offense committed or to  
the defendant's culpability in committing the offense, the  
court shall reduce the sentence to second degree murder. 

Current law provides, generally, that the penalty for first  
degree murder is 25 years to life, and the penalty for  
second degree murder is 15 years to life.   There are  
unknown increased costs to the courts, probably less than  
$150,000 annually, to comply with the provisions of this  
bill.  To the extent that this bill results in some persons  
being sentenced for second degree murder who would have  
otherwise been sentenced for first degree murder, there are  
unknown incarceration cost savings.  Incarceration costs  
are $21,000 per inmate year.  There were 555 prison  










admissions during 1997-98 for first degree murder, and 659  
for second degree murder.