Proposition Summary
SECOND DEGREE MURDER OF PEACE OFFICER. MINIMUM TERM. LEGISLATIVE INITIATIVE AMENDMENT. Existing law enacted by initiative provides second degree murder penalty is 15 years to life in prison. Minimum term is reduced by good behavior credits, but not by parole. This measure increases the minimum prison term for second degree murder to 25 years in cases where the murderer knew or should have known the victim was a specified peace officer engaged in the performance of his or her duties. Person guilty of second degree murder under such circumstances must serve a minimum of 25 years without reduction. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Measure will have a relatively minor impact on state costs and the state's prison population.
Proposition Number
67
Year
1988
Document Type
Proposition
Pass/Fail
Pass
Legislative Vote Results
Assembly - Ayes, 66; Noes, 1 -- Senate - Ayes, 24; Noes, 0
Popular Vote Results
Y: 4488251; A: 82.09; N: 979354; B: 17.91
Election Type
Primary
Proposition Type
Initiative (leg)
Relevant Case
Brodheim v. Rowland: 783 F. Supp. 1245, N.D. Cal. 1991; In re Ras Adisa Gamba Oluwa: 207 Cal. App. 3d 439: 225 Cal. Rptr. 35, 1989; In re Thompson: 206 Cal. App. 3d 275: 253 Cal. Rptr. 513, 1988
Code Sections Affected
Amended Cal. Penal Code section 190
For Author
Robert Presley, State Senator, 36th District; Sherman Block, Sheriff, Los Angeles County; John K. Van De Kamp, Attorney General of California
Against Author
Robert J. Campbell, Member of the Assembly, 11th District; Thomas J. Nolan, Jr., President, Attorneys for Criminal Justice; Richard Hirsch, Past President, Attorneys for Criminal Justice
Rebuttal Against Author
Robert Presley, State Senator, 36th District; Sherman Block, Sheriff, Los Angeles County; John K. Van De Kamp, Attorney General of California
Recommended Citation
Second Degree Murder Of Peace Officer. Minimum Term. California Proposition 67 (1988).
https://repository.uclawsf.edu/ca_ballot_props/1010