BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 999|
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THIRD READING
Bill No: SB 999
Author: Yee (D)
Amended: As introduced
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 4/17/07
AYES: Romero, Cedillo, Ridley-Thomas
NOES: Cogdill, Margett
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Crime
SOURCE : Human Rights Watch
National Center for Youth Law
DIGEST : This bill eliminates the life without parole
sentence thus making the sentence for first degree murder
with special circumstances by a defendant under 18 years of
age 25 to life.
ANALYSIS : Existing law, amended by initiative statute,
provides that the penalty for a defendant found guilty of
murder in the first degree, if special circumstances have
been found to be true, as specified, who was 16 years of
age or older and under 18 years of age at the time of the
commission of the crime, shall be confined in the state
prison for life without the possibility of parole, or, at
the discretion of the court, 25 years to life. Existing
law also provides that these provisions may be amended by a
CONTINUED
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two-thirds vote of each house of the Legislature.
Existing law provides that notwithstanding any other law
the death penalty shall not be imposed upon any person who
is under the age of 18 at the time of the commission of the
crime. The burden of proof as to the age of such person
shall be upon the defendant. (Penal Code 190.5(a).)
Existing law provides the penalty for a defendant found
guilty of murder in the first degree, in any case in which
one or more special circumstances enumerated in Section
190.2 or 190.25 has been found to be true who was 16 years
of age or older and under the age of 18 years at the time
of the commission of the crime, shall be in confinement in
the state prison for life without the possibility of parole
or, at the discretion of the court 25 years to life.
(Penal Code 190.5 (b).)
This bill provides instead that the penalty for first
degree murder by a defendant under the age of 18 shall be
25 to life.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/30/07)
Human Rights Watch (co-source)
National Center for Youth Law (co-source)
American Civil Liberties Union
Amnesty International
Books Not Bars; Children's Defense Fund -- California
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Coalition for Women Prisoners
California Psychiatric Association
Center for Juvenile Law and Policy at Loyola Law School
Center for Law and Global Justice
Center on Juvenile and Criminal Justice
Child Welfare League of America
Equal Justice Society
Faith Communities for Families and Children
Families to Amend Three Strikes
Free Battered Women
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Fresno Center for Nonviolence
Friends Committee on Legislation
Homeboy Industries
Interfaith Communities United for Justice and Peace
Justice Policy Institute
Legal Services for Children
Lutheran Office of Pubic Policy -- California
NAACP Legal Defense and Educational Fund, Inc.
National Center for Women and Policing
National Council on Crime and Delinquency
Our Lady of the Holy Rosary Church, Sun Valley
Pacific Juvenile Defender Center
Progressive Jewish Alliance
Penal Reform International
Taxpayers for Improving Public Safety
The Office of Justice and Peace of the Archdiocese of Los
Angeles
The Sentencing Project
USF School of Law; Human Rights Advocates
Youth Justice Coalition
Youth Law Center
OPPOSITION : (Verified 4/30/07)
California District Attorneys Association
Crime Victims United of California
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs Association
ARGUMENTS IN SUPPORT : The supporters of this bill note
that children's brains are different than adult brains and
thus their judgment is not the same. A number of
supporters echo the Office of Justice and Peace of the
Archdiocese of Los Angeles which notes, "The imposition of
life without parole sentences on minor children is
especially cruel in light of recent scientific developments
showing that adolescent brain is not fully formed until
well into early adulthood, and that children do not have
adult levels of judgment, impulse control, or ability to
assess risks. In addition this extreme punishment is
widely considered a violation of international law and
fundamental human rights.
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"By eliminating the unforgiving sentence of life without
parole for crimes committed by minor children, SB 999
represents a more humane, sensible, and proportionate
sentencing approach. Child offenders would still face
severe punishment (a sentence of 25 years to life) for
committing horrible crimes, but SB 999 would offer greater
motivation for their rehabilitation since they would be
given the opportunity to ask for (and prove worthy of)
release on parole after serving 25 years."
ARGUMENTS IN OPPOSITION : Crime Victims United of
California argue that, "SB 999 would provide that the
penalty for a defendant found guilty of murder in the first
degree, if special circumstances have been found to be true
who was under 18 years of age at the time of the commission
of the crime shall be confinement in the state prison for
25 years to life.
"Judges currently have the discretion to provide a sentence
of 25 years to live and reserve life without parole for
highly serious offenders. In order for a juvenile to
obtain a sentence of life without parole, he or she must
have committed a heinous, violent offense."
RJG:cm 4/30/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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