| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1043Introduced by Senator WilkFebruary 15, 2022 An act to amend Section 190.2 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTSB 1043, as introduced, Wilk. Homicide.Existing law, as added by Proposition 7 of the November 7, 1978, statewide general election, and further amended by initiative statutes, provides that the penalty for a defendant found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole, if one or more enumerated special circumstances are found to be true.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 190.2 of the Penal Code is amended to read:190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1043Introduced by Senator WilkFebruary 15, 2022 An act to amend Section 190.2 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTSB 1043, as introduced, Wilk. Homicide.Existing law, as added by Proposition 7 of the November 7, 1978, statewide general election, and further amended by initiative statutes, provides that the penalty for a defendant found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole, if one or more enumerated special circumstances are found to be true.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Senate Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 1043 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Senator WilkFebruary 15, 2022 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Senator Wilk |
|---|
| 18 | 18 | | February 15, 2022 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 190.2 of the Penal Code, relating to crimes. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | SB 1043, as introduced, Wilk. Homicide. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law, as added by Proposition 7 of the November 7, 1978, statewide general election, and further amended by initiative statutes, provides that the penalty for a defendant found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole, if one or more enumerated special circumstances are found to be true.This bill would make technical, nonsubstantive changes to those provisions. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law, as added by Proposition 7 of the November 7, 1978, statewide general election, and further amended by initiative statutes, provides that the penalty for a defendant found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole, if one or more enumerated special circumstances are found to be true. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would make technical, nonsubstantive changes to those provisions. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 190.2 of the Penal Code is amended to read:190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Section 190.2 of the Penal Code is amended to read:190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Section 190.2 of the Penal Code is amended to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | 190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | 190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:(1) The murder was intentional and carried out for financial gain.(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings.(7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties.(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties.(9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties.(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code.(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.(15) The defendant intentionally killed the victim by means of lying in wait.(16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin.(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:(A) Robbery in violation of Section 211 or 212.5.(B) Kidnapping in violation of Section 207, 209, or 209.5.(C) Rape in violation of Section 261.(D) Sodomy in violation of Section 286.(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.(F) Oral copulation in violation of Section 287 or former Section 288a.(G) Burglary in the first or second degree in violation of Section 460.(H) Arson in violation of subdivision (b) of Section 451.(I) Train wrecking in violation of Section 219.(J) Mayhem in violation of Section 203.(K) Rape by instrument in violation of Section 289.(L) Carjacking, as defined in Section 215.(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.(18) The murder was intentional and involved the infliction of torture.(19) The defendant intentionally killed the victim by the administration of poison.(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties.(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code.(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.(b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole.(c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4.(d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. The(e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 190.2. (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (1) The murder was intentional and carried out for financial gain. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her their act or acts would create a great risk of death to one or more human beings. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (7) The victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her their duties; or the victim was a peace officer, as defined in the above-enumerated sections, or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her their official duties. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her their duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her their official duties. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (9) The victim was a firefighter, as defined in Section 245.1, who, while engaged in the course of the performance of his or her their duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her their duties. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her their testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was they were a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her their testimony in any criminal or juvenile proceeding. As used in this paragraph, juvenile proceeding means a proceeding brought pursuant to Section 602 or 707 of the Welfare and Institutions Code. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutors office in this or any other state, or of a federal prosecutors office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase especially heinous, atrocious, or cruel, manifesting exceptional depravity means a conscienceless or pitiless crime that is unnecessarily torturous to the victim. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | (15) The defendant intentionally killed the victim by means of lying in wait. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | (16) The victim was intentionally killed because of his or her their race, color, religion, nationality, or country of origin. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | (17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies: |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (A) Robbery in violation of Section 211 or 212.5. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (B) Kidnapping in violation of Section 207, 209, or 209.5. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (C) Rape in violation of Section 261. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (D) Sodomy in violation of Section 286. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288. |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (F) Oral copulation in violation of Section 287 or former Section 288a. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (G) Burglary in the first or second degree in violation of Section 460. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (H) Arson in violation of subdivision (b) of Section 451. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (I) Train wrecking in violation of Section 219. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (J) Mayhem in violation of Section 203. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | (K) Rape by instrument in violation of Section 289. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (L) Carjacking, as defined in Section 215. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | (M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | (18) The murder was intentional and involved the infliction of torture. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | (19) The defendant intentionally killed the victim by the administration of poison. |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | (20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victims official duties. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | (21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death. For purposes of this paragraph, motor vehicle means any vehicle as defined in Section 415 of the Vehicle Code. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | (22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | (b) Unless an intent to kill is specifically required under subdivision (a) for a special circumstance enumerated therein, an actual killer, as to whom the special circumstance has been found to be true under Section 190.4, need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole. |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | (c) Every person, not the actual killer, who, with the intent to kill, aids, abets, counsels, commands, induces, solicits, requests, or assists any actor in the commission of murder in the first degree shall be punished by death or imprisonment in the state prison for life without the possibility of parole if one or more of the special circumstances enumerated in subdivision (a) has been found to be true under Section 190.4. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | (d) Notwithstanding subdivision (c), every person, not the actual killer, who, with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of a felony enumerated in paragraph (17) of subdivision (a) which results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, shall be punished by death or imprisonment in the state prison for life without the possibility of parole if a special circumstance enumerated in paragraph (17) of subdivision (a) has been found to be true under Section 190.4. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | The |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (e) The penalty shall be determined as provided in this section and Sections 190.1, 190.3, 190.4, and 190.5. |
|---|