Attorney General No.

SA87RF0042

Secretary of State No.

433

Description

CRIMINAL LAW: CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Amends Constitution regarding criminal cases to: direct courts afford accused no greater constitutional rights than afforded by federal Constitution; prohibit post-indictment preliminary hearings; express people's right to due process and speedy, public trials; permit hearsay at preliminary hearings; allow more joined actions; provide reciprocal discovery. Makes implementing statutory changes. Other changes include: expanding first degree murder definition; increasing penalties for specified murders; expanding special circumstance murders subject to capital offense provisions; increasing maximum punishment of minors convicted of first degree murder to life without parole; limiting preliminary examination testimony and discovery; limiting jury questioning. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: It is impossible to determine the magnitude of additional costs relating to the provisions relating to murder, torture, and sentence reduction credits for want of data. Provisions relating to judicial proceedings could affect their length and number. Some could result in savings; some in higher costs. The magnitude of any net savings is impossible to quantify.

Proponents

James P. Cloninger Robert L. Henderson Assemblyman Ross Johnson Anthony J. Rackauckas, Jr. Senator Edward R. Royce; Senator Ed Davis Dist. Atty. Edward R. Jagels Sterling E. Norris Richard J. Riordan, Esq. Doris G. Tate; C/O The Crime Victims California Justice Committee, 1047 Gayley Avenue, Suite 202, Los Angeles, California 90024

Date

1-7-1988

Document Type

Initiative

Qualified

Failed to Qualify

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