California 2017 2017-2018 Regular Session

California Senate Bill SB708 Introduced / Bill

Filed 02/17/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 708Introduced by Senator Skinner(Coauthor: Senator Atkins)February 17, 2017 An act to add Section 22 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTSB 708, as introduced, Skinner. Sentencing: life without the possibility of parole.Existing law, as added by Proposition 7 of 1978, as amended by several initiative measures thereafter, specifies the circumstances in which a person convicted of certain crimes shall be sentenced to death or imprisonment for life without the possibility of parole. Those initiative measures may not be amended by the Legislature. Existing law, as further amended by Proposition 115 and Proposition 21, requires persons convicted of certain crimes to be sentenced to death or imprisonment without the possibility of parole. Those initiative measures may be amended by a 2/3vote of the Legislature.Existing law authorizes a defendant who was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without the possibility of parole to submit a petition for recall and resentencing to the sentencing court, as prescribed.This bill would amend the above-referenced initiatives by defining the sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense as life without the possibility of parole for 25 years.The bill would require the Secretary of State to submit provisions of the bill to the voters for their approval at the June 5, 2018, statewide primary election.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22 is added to the Penal Code, to read:22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.SEC. 2. (a) Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 708Introduced by Senator Skinner(Coauthor: Senator Atkins)February 17, 2017 An act to add Section 22 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTSB 708, as introduced, Skinner. Sentencing: life without the possibility of parole.Existing law, as added by Proposition 7 of 1978, as amended by several initiative measures thereafter, specifies the circumstances in which a person convicted of certain crimes shall be sentenced to death or imprisonment for life without the possibility of parole. Those initiative measures may not be amended by the Legislature. Existing law, as further amended by Proposition 115 and Proposition 21, requires persons convicted of certain crimes to be sentenced to death or imprisonment without the possibility of parole. Those initiative measures may be amended by a 2/3vote of the Legislature.Existing law authorizes a defendant who was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without the possibility of parole to submit a petition for recall and resentencing to the sentencing court, as prescribed.This bill would amend the above-referenced initiatives by defining the sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense as life without the possibility of parole for 25 years.The bill would require the Secretary of State to submit provisions of the bill to the voters for their approval at the June 5, 2018, statewide primary election.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 708

Introduced by Senator Skinner(Coauthor: Senator Atkins)February 17, 2017

Introduced by Senator Skinner(Coauthor: Senator Atkins)
February 17, 2017

 An act to add Section 22 to the Penal Code, relating to crime. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 708, as introduced, Skinner. Sentencing: life without the possibility of parole.

Existing law, as added by Proposition 7 of 1978, as amended by several initiative measures thereafter, specifies the circumstances in which a person convicted of certain crimes shall be sentenced to death or imprisonment for life without the possibility of parole. Those initiative measures may not be amended by the Legislature. Existing law, as further amended by Proposition 115 and Proposition 21, requires persons convicted of certain crimes to be sentenced to death or imprisonment without the possibility of parole. Those initiative measures may be amended by a 2/3vote of the Legislature.Existing law authorizes a defendant who was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without the possibility of parole to submit a petition for recall and resentencing to the sentencing court, as prescribed.This bill would amend the above-referenced initiatives by defining the sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense as life without the possibility of parole for 25 years.The bill would require the Secretary of State to submit provisions of the bill to the voters for their approval at the June 5, 2018, statewide primary election.

Existing law, as added by Proposition 7 of 1978, as amended by several initiative measures thereafter, specifies the circumstances in which a person convicted of certain crimes shall be sentenced to death or imprisonment for life without the possibility of parole. Those initiative measures may not be amended by the Legislature. Existing law, as further amended by Proposition 115 and Proposition 21, requires persons convicted of certain crimes to be sentenced to death or imprisonment without the possibility of parole. Those initiative measures may be amended by a 2/3vote of the Legislature.

Existing law authorizes a defendant who was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without the possibility of parole to submit a petition for recall and resentencing to the sentencing court, as prescribed.

This bill would amend the above-referenced initiatives by defining the sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense as life without the possibility of parole for 25 years.

The bill would require the Secretary of State to submit provisions of the bill to the voters for their approval at the June 5, 2018, statewide primary election.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 22 is added to the Penal Code, to read:22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.SEC. 2. (a) Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 22 is added to the Penal Code, to read:22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.

SECTION 1. Section 22 is added to the Penal Code, to read:

### SECTION 1.

22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.

22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.

22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.



22. The sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense is defined as life without the possibility of parole for 25 years.

SEC. 2. (a) Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.

SEC. 2. (a) Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.

SEC. 2. (a) Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.

### SEC. 2.

(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.