Under existing law, a murder perpetrated by specified means or under certain circumstances, including a killing that is willful, deliberate, and premeditated, is defined as murder of the first degree. All other kinds of murder are of the 2nd degree. Under existing law, a person convicted of first degree murder is subject to a punishment of death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Under existing law, the 2nd degree murder of a peace officer, as specified, is punishable by imprisonment in the state prison for a term of 25 years to life, and the 2nd degree murder of a peace officer, if specified facts are charged and found true, is punishable by imprisonment in the state prison for a term of life without the possibility of parole.

This bill would state the findings and declarations of the Legislature that the unlawful killing of a peace officer, as defined, that is deliberate, willful, and premeditated is murder of the first degree for purposes of the gravity of the offense and the support of the survivors. The bill would identify these findings as declaratory of existing law.

Under existing law, a murder perpetrated by specified means or under certain circumstances, including a killing that is willful, deliberate, and premeditated, is defined as murder of the first degree. All other kinds of murder are of the 2nd degree. Under existing law, a person convicted of first degree murder is subject to a punishment of death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Under existing law, the 2nd degree murder of a peace officer, as specified, is punishable by imprisonment in the state prison for a term of 25 years to life, and the 2nd degree murder of a peace officer, if specified facts are charged and found true, is punishable by imprisonment in the state prison for a term of life without the possibility of parole.

This bill would state the findings and declarations of the Legislature that the unlawful killing of a peace officer, as defined, that is deliberate, willful, and premeditated is murder of the first degree for purposes of the gravity of the offense and the support of the survivors. The bill would identify these findings as declaratory of existing law.

Under existing law, a murder perpetrated by specified means or under certain circumstances, including a killing that is willful, deliberate, and premeditated, is defined as murder of the first degree. All other kinds of murder are of the second 2nd degree. Under existing law, a person convicted of first degree murder is subject to a punishment of death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Under existing law, the 2nd degree murder of a peace officer, as specified, is punishable by imprisonment in the state prison for a term of 25 years to life, and the 2nd degree murder of a peace officer, if specified facts are charged and found true, is punishable by imprisonment in the state prison for a term of life without the possibility of parole.

This bill would state the findings and declarations of the Legislature that the unlawful killing of a peace officer, as defined, that is deliberate, willful, and premeditated is murder of the first degree for purposes of the gravity of the offense and the support of the survivors. The bill would identify these findings as declaratory of existing law.

Under existing law, a murder perpetrated by specified means or under certain circumstances, including a killing that is willful, deliberate, and premeditated, is defined as murder of the first degree. All other kinds of murder are of the second degree. Existing law, as added by the Briggs Initiative, a measure approved by the voters at the November 7, 1978, statewide general election, requires that persons Under existing law, a person convicted of first degree murder be is subject to a punishment of death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Existing law, as approved by the voters as Proposition 67 at the June 7, 1988, statewide primary election, made Under existing law, the 2nd degree murder of a peace officer, as specified, is punishable by imprisonment in the state prison for a term of 25 years to life. Existing law, as approved by the voters as Proposition 222 at the June 2, 1998, statewide primary election, made life, and the 2nd degree murder of a peace officer, if specified facts are charged and found true, is punishable by imprisonment in the state prison for a term of life without the possibility of parole.

Under existing law, a murder perpetrated by specified means or under certain circumstances, is defined as murder of the first degree. All other kinds of murder are of the second degree. Existing law, as added by the Briggs Initiative, a measure approved by the voters at the November 7, 1978, statewide general election, requires that persons convicted of first degree murder be subject to death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Existing law, as approved by the voters as Proposition 67 at the June 7, 1988, statewide primary election, made the 2nd degree murder of a peace officer, as specified, punishable by imprisonment in the state prison for a term of 25 years to life. Existing law, as approved by the voters as Proposition 222 at the June 2, 1998, statewide primary election, made the 2nd degree murder of a peace officer, if specified facts are charged and found true, punishable by imprisonment in the state prison for a term of life without the possibility of parole.

This bill would make the murder of a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and if the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, murder of the first degree. The bill would make a person convicted of this type of murder of the first degree subject to punishment by death or life in prison without the possibility of parole if specified facts are charged and found true.

By classifying the murder of a peace officer, as specified, as murder of the first degree and increasing the penalty for murdering a peace officer, this bill would amend the above-referenced initiative statutes.

The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that its provisions will become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at a statewide election.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1459

Author:(Quirk-Silva)

As Amended Ver:June 21, 2017

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Declares the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, as defined in statute, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties are considered first degree murder for purposes of the gravity of the offense and the support of survivors.

The Senate amendments make non-substantive, technical changes.

EXISTING LAW:

1. Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought.
2. States that malice may be express or implied. It is express when a deliberate intent to unlawfully take away the life of another is manifested. It is implied when no considerable provocation appears, or the circumstances of the killing indicate an abandoned and malignant heart.
3. Provides that an unlawful killing the commission of which is willful, deliberate, premeditated, and with express malice aforethought, is first degree murder. To prove the killing was deliberate and premeditated, it is not necessary to prove the defendant maturely and meaningfully reflected on the gravity of his or her act.
4. States that first degree murder can also be committed by means of a destructive device or explosive, by means of a weapon of mass destruction, by poison, by lying in wait for the victim, or by torture, or by knowing use of armor-piercing ammunition, or perpetrated by discharging a firearm from a motor vehicle with the intent to kill, or when a killing occurs in the perpetration or attempted perpetration of certain enumerated felonies (felony murder).
5. Provides that first degree murder is punishable by death, imprisonment in state prison for life without the possibility of parole (LWOP), or imprisonment in state prison for a term of 25 years to life. The penalty is death or imprisonment in the state prison for life without the possibility of parole (LWOP) if one or more special circumstances is found to be true, including:
   1. The victim was a peace officer, as defined by statute, who, while engaged in the course of the performance of his or her 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 duties; or the victim was a peace officer, as defined, or a former peace officer as defined, and was intentionally killed in retaliation for the performance of his or her official duties; or,
   2. 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. Provides that except as specified, second degree murder is punishable by imprisonment in the state prison for a term of 15 years to life.
7. Specifies that second degree murder shall be punished by imprisonment in state prison for a term of 25 years to life if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties.
8. Specifies that second degree murder shall be punished by a term of imprisonment of LWOP if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:
   1. The defendant specifically intended to kill the peace officer;
   2. The defendant specifically intended to inflict great bodily injury, as defined in statute, on a peace officer;
   3. The defendant personally used a dangerous or deadly weapon in the commission of the offense; or,
   4. The defendant personally used a firearm in the commission of the offense.

AS PASSED BY THE ASSEMBLY, this bill declared the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, as defined in statute, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties are considered first degree murder for purposes of the gravity of the offense and the support of survivors.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "Existing law recognizes the serious nature of the crime of murder. In fact, murder is one of the few crimes punishable by life imprisonment without the possibility of parole and the death penalty. The law also recognizes that particular murders are especially serious and specifically defines them as murder of the first degree. All other murders are then classified as murder of the second degree.

"Murders that are statutorily designated as murder of the first degree include premeditated murder, murder using a weapon of mass destruction, and murder committed during the commission of a rape or other sex crime. While the law does provide for enhanced penalties for the murder of a peace officer, it does not specify that the knowing murder of a peace officer engaged in the performance of his or her duties is murder of the first degree.

"The killing of a peace officer is one of the most heinous crimes imaginable, especially given that peace officers routinely risk death and injury to protect the public safety. While first degree murder can often be charged under an existing statutory fact pattern, it is appropriate to assign the knowing murder of a peace officer the statutory designation it deserves."

Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0001023

 THIRD READING  

Bill No: AB 1459

Author: , et al.

: 6/21/17 in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/13/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

ASSEMBLY FLOOR: 73-0, 5/1/17 - See last page for vote

SUBJECT:

SOURCE: California State Sheriffs’ Association

DIGEST:

This bill states that the Legislature finds and declares that under existing law all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, are considered first degree murder.

Senate Floor Amendments 6/21/17 make technical amendments and add co-authors.

ANALYSIS:

Existing law:

1. Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Penal Code § 187 (a).)
   
2. States that malice may be express or implied. It is express when a deliberate intent to unlawfully take away the life of another is manifested. It is implied when no considerable provocation appears, or the circumstances of the killing indicate an abandoned and malignant heart. (Penal Code § 188.)
3. Provides that an unlawful killing the commission of which is willful, deliberate, premeditated, and with express malice aforethought, is first degree murder. To prove the killing was deliberate and premeditated, it is not necessary to prove the defendant maturely and meaningfully reflected on the gravity of his or her act. (Penal Code § 189.)
   
4. States that first degree murder can also be committed by means of a destructive device or explosive, by means of a weapon of mass destruction, by poison, by lying in wait for the victim, or by torture, or by knowing use of armor-piercing ammunition, or perpetrated by discharging a firearm from a motor vehicle with the intent to kill, or when a killing occurs in the perpetration or attempted perpetration of certain enumerated felonies (felony murder). (Penal Code § 189.)
   
5. Provides that first degree murder is punishable by death, imprisonment in state prison for life without the possibility of parole (LWOP), or imprisonment in state prison for a term of 25 years to life. The penalty is death or imprisonment in the state prison for life without the possibility of parole (LWOP) if one or more special circumstances is found to be true, including:
   
6. The victim was a peace officer, as defined by statute, who, while engaged in the course of the performance of his or her 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 duties; or the victim was a peace officer, as defined, or a former peace officer as defined, and was intentionally killed in retaliation for the performance of his or her official duties; or,
7. 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. (Penal Code §§ 190 (a), 190.2 (a)(5) & (a)(7).)
   
8. Provides that except as specified, second degree murder is punishable by imprisonment in the state prison for a term of 15 years to life. (Penal Code § 190 (a).)
   
9. Specifies that second degree murder shall be punished by imprisonment in state prison for a term of 25 years to life if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties. (Penal Code § 190 (b).)
   
10. Specifies that second degree murder shall be punished by a term of imprisonment of LWOP if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:
    
11. The defendant specifically intended to kill the peace officer;
12. The defendant specifically intended to inflict great bodily injury, as defined in statute, on a peace officer;
13. The defendant personally used a dangerous or deadly weapon in the commission of the offense; or,
14. The defendant personally used a firearm in the commission of the offense. (Penal Code, § 190 (c).)
    

This bill:

1. States that the Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer, as defined in Section 830, who was killed while engaged in the performance of his or her duties, where the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, are considered murder of the first degree for all purposes, including the gravity of the offense and the support of the survivors.
2. States that the above is declarative of existing law.
3. Makes the following uncodified legislative findings and declarations:
4. Last year, 144 peace officers died in the line of duty in the United States, the highest number in five years.
5. Nearly one-half of these 144 officers were fatally shot.
6. In California, 11 officers died in the line of duty last year, a 50-percent increase from the year before.
7. The Legislature recognizes the dangers faced by men and women who serve as peace officers in the state.
8. In enacting this legislation, it is intent of the Legislature to reiterate that California law protects all victims of violent crime, including when the victim is a peace officer.

Background

Murder is defined as the unlawful killing of a human being with malice aforethought. (Pen. Code, § 187, subd. (a).) Malice may be express or implied. (Pen. Code, § 188.) Express malice is equated with an intent to unlawfully kill. (People v. Saille (1991) 54 Cal.3d 1103, 1114 [“once the trier of fact finds a deliberate intention unlawfully to kill, no other mental state need be shown to establish malice aforethought”]; People v. Moon (2005) 37 Cal.4^th 1, 29 [an intent to kill is the functional equivalent of express malice].)

Under current law, an unlawful killing (a killing without legal justification or excuse) of a peace officer that is willful, deliberate, and premeditated is first degree murder. (Pen. Code, §§ 187-189; Pen. Code, §§ 196 & 196 [justifiable homicides – e.g., lawful self-defense], § 195 [excusable homicides – e.g., accident or misfortune].) Willful means the killing was intentional. (People v. Moon, supra, 37 Cal.4^th at p. 29.) Deliberate means the killing was the result of careful thought and weighing of considerations. (People v. Stress (1988) 205 Cal.App.3d 1259, 1269; see also People v. Anderson (1968) 70 Cal.2d 15, 24-26.) Premeditated means the killing was considered beforehand. (People v. Thomas (1945) 25 Cal.2d 880, 899; see also People v. Anderson, supra, 70 Cal.2d at pp. 24-26.)

The types of evidence that the California Supreme Court has considered in finding premeditation and deliberation fall into three basic categories: [1] planning activity; [2] motive; and [3] manner of the killing from which a preconceived plan can be inferred. (People v. Anderson, supra, 70 Cal.2d at pp. 26-27.)

An unlawful killing with malice aforethought (express or implied) but without deliberation and premeditation is second degree murder. (Pen. Code, § 189.) As discussed above, express malice is equated with the intent to kill. (People v. Saille, supra, 54 Cal.3d at p. 1114.) If a defendant intends to kill a peace officer without deliberation and premeditation, it is second degree murder absent legal justification or excuse. Implied malice has three components: [1] the killing resulted from an intentional act; [2] the natural consequences of the act are dangerous to human life; and [3] the defendant actually knew of those natural consequences and acted anyway with a “conscious disregard” for human life. (People v. Patterson (1989) 49 Cal.3d 615, 626.) If a peace officer is killed unintentionally, without premeditation and deliberation, but these three components are present, it is second degree murder absent legal justification or excuse.

This bill restates existing law regarding first degree murder of a peace officer for purposes of the gravity of the offense and support of the survivors. This bill does not change existing law but is merely a section making legislative findings and declarations that what is currently the law is the law.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/21/17)

California State Sheriff’s Association (source)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

Association of Orange County Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Correctional Peace Officer Association

California Narcotic Officers Association

California Peace Officers’ Association

California Police Chiefs Association

California Probation, Parole and Correctional Association

California Statewide Law Enforcement Association

Chief Probation Officers of California

Crime Victims Action Alliance

Fraternal Order of Police

Long Beach Police Offers Association

Los Angeles County Probation Officers Union AFSCME Local 685

Los Angeles County Professional Peace Offers Association

Los Angeles Police Protective League

Orange County Board of Supervisors

Orange County Supervisor, Todd Spitzer

Peace Officers Research Association of California

Sacramento County Deputy Sheriffs’ Association

OPPOSITION: (Verified 6/21/17)

California Public Defenders Association

Friends Committee on Legislation of California

ASSEMBLY FLOOR: 73-0, 5/1/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Dahle, Flora, Fong, Gray, Limón, Patterson, Ridley-Thomas

Prepared by:

6/28/17 17:07:37

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 1459 Hearing Date: June 13, 2017

Subject: Murder: Peace Officers

HISTORY

Source: California State Sheriff’s Association

Prior Legislation: None

Support: Association for Los Angeles Deputy Sheriffs; Association of Deputy District Attorneys; Association of Orange County Deputy Sheriffs; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Narcotic Officers Association; California Peace Officers’ Association; California Police Chiefs Association; California Probation, Parole and Correctional Association; California Statewide Law Enforcement Association; Chief Probation Officers of California; Fraternal Order of Police; Long Beach Police Offers Association; Los Angeles County Probation Officers Union AFSCME Local 685; Los Angeles County Professional Peace Offers Association; Los Angeles Police Protective League; Orange County Board of Supervisors; Orange County Supervisor, Todd Spitzer; Peace Officers Research Association of California; Sacramento County Deputy Sheriffs’ Association

Opposition: Friends Committee on Legislation of California; California Public Defenders Association

Assembly Floor Vote: 73 - 0

PURPOSE

The purpose of this bill is to state that the Legislature finds and declares that under existing law all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, are considered first degree murder.

Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Penal Code § 187 (a).)

Existing law states that malice may be express or implied. It is express when a deliberate intent to unlawfully take away the life of another is manifested. It is implied when no considerable provocation appears, or the circumstances of the killing indicate an abandoned and malignant heart. (Penal Code § 188.)

Existing law provides that an unlawful killing the commission of which is willful, deliberate, premeditated, and with express malice aforethought, is first degree murder. To prove the killing was deliberate and premeditated, it is not necessary to prove the defendant maturely and meaningfully reflected on the gravity of his or her act. (Penal Code § 189.)

Existing law states that first degree murder can also be committed by means of a destructive device or explosive, by means of a weapon of mass destruction, by poison, by lying in wait for the victim, or by torture, or by knowing use of armor-piercing ammunition, or perpetrated by discharging a firearm from a motor vehicle with the intent to kill, or when a killing occurs in the perpetration or attempted perpetration of certain enumerated felonies (felony murder). (Penal Code § 189.)

Existing law provides that first degree murder is punishable by death, imprisonment in state prison for life without the possibility of parole (LWOP), or imprisonment in state prison for a term of 25 years to life. The penalty is death or imprisonment in the state prison for life without the possibility of parole (LWOP) if one or more special circumstances is found to be true, including:

• The victim was a peace officer, as defined by statute, who, while engaged in the course of the performance of his or her 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 duties; or the victim was a peace officer, as defined, or a former peace officer as defined, and was intentionally killed in retaliation for the performance of his or her official duties; or,
  
• 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. (Penal Code §§ 190 (a), 190.2 (a)(5) & (a)(7).)
  

Existing law provides that except as specified, second degree murder is punishable by imprisonment in the state prison for a term of 15 years to life. (Penal Code § 190 (a).)

Existing law specifies that second degree murder shall be punished by imprisonment in state prison for a term of 25 years to life if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties. (Penal Code § 190 (b).)

Existing law specifies that second degree murder shall be punished by a term of imprisonment of LWOP if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:

• The defendant specifically intended to kill the peace officer;
  
• The defendant specifically intended to inflict great bodily injury, as defined in statute, on a peace officer;
  
• The defendant personally used a dangerous or deadly weapon in the commission of the offense; or,
  
• The defendant personally used a firearm in the commission of the offense. (Penal Code, § 190 (c).)
  

This bill states that the Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer, as defined in Section 830, who was killed while engaged in the performance of his or her duties, where the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, are considered murder of the first degree for all purposes, including the gravity of the offense and the support of the survivors.

This bill states that the above is declarative of existing law.

This bill also makes the following uncodified legislative findings and declarations:

• Last year, 144 peace officers died in the line of duty in the United States, the highest number in five years.
• Nearly one-half of these officers were fatally shot.
• In California, 11 officers died in the line of duty last year, a 50-percent increase from the year before.
• The Legislature recognizes the dangers faced by men and women who serve as peace officers in the state.
• In enacting this legislation, it is intent of the Legislature to reiterate that California law protects all victims of violent crime, including when the victim is a peace officer.

COMMENTS

1. Need for This Bill

According to the author:

Every day, peace officers across our great state serve and protect our communities from harm.  Peace officers willingly put their lives in harm’s way to protect us but sadly, since 2012, 22 California peace officers have been killed by intentional gunfire. Nationwide, 235 peace officers have suffered that same fate in the same time period. Given the level of violence inflicted upon peace officers in recent years, it makes sense to ensure clarity when dealing justice for the murder of a peace officer.  AB 1459 reinforces the state’s commitment to provide justice for our fallen peace officers while performing their duties.

2. Declares Existing Law

Murder is defined as the unlawful killing of a human being with malice aforethought. (Pen. Code, § 187, subd. (a).) Malice may be express or implied. (Pen. Code, § 188.) Express malice is equated with an intent to unlawfully kill. (People v. Saille (1991) 54 Cal.3d 1103, 1114 [“once the trier of fact finds a deliberate intention unlawfully to kill, no other mental state need be shown to establish malice aforethought”]; People v. Moon (2005) 37 Cal.4^th 1, 29 [an intent to kill is the functional equivalent of express malice].)

Under current law, an unlawful killing (a killing without legal justification or excuse) of a peace officer that is willful, deliberate, and premeditated is first degree murder. (Pen. Code, §§ 187-189; Pen. Code, §§ 196 & 196 [justifiable homicides – e.g., lawful self-defense], § 195 [excusable homicides – e.g., accident or misfortune].) Willful means the killing was intentional. (People v. Moon, supra, 37 Cal.4^th at p. 29.) Deliberate means the killing was the result of careful thought and weighing of considerations. (People v. Stress (1988) 205 Cal.App.3d 1259, 1269; see also People v. Anderson (1968) 70 Cal.2d 15, 24-26.) Premeditated means the killing was considered beforehand. (People v. Thomas (1945) 25 Cal.2d 880, 899; see also People v. Anderson, supra, 70 Cal.2d at pp. 24-26.)

The types of evidence that the California Supreme Court has considered in finding premeditation and deliberation fall into three basic categories: [1] planning activity; [2] motive; and [3] manner of the killing from which a preconceived plan can be inferred. (People v. Anderson, supra, 70 Cal.2d at pp. 26-27.)

An unlawful killing with malice aforethought (express or implied) but without deliberation and premeditation is second degree murder. (Pen. Code, § 189.) As discussed above, express malice is equated with the intent to kill. (People v. Saille, supra, 54 Cal.3d at p. 1114.) If a defendant intends to kill a peace officer without deliberation and premeditation, it is second degree murder absent legal justification or excuse. Implied malice has three components: [1] the killing resulted from an intentional act; [2] the natural consequences of the act are dangerous to human life; and [3] the defendant actually knew of those natural consequences and acted anyway with a “conscious disregard” for human life. (People v. Patterson (1989) 49 Cal.3d 615, 626.) If a peace officer is killed unintentionally, without premeditation and deliberation, but these three components are present, it is second degree murder absent legal justification or excuse.

This bill restates existing law regarding first degree murder of a peace officer for purposes of the gravity of the offense and support of the survivors. This bill does not change existing law but is merely a section making legislative findings and declarations that what is currently the law is the law. The Committee may wish to consider whether a declaration of what is clearly existing law is necessary or merely adds to the cluttering of the Penal Code

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 1459

Author:(Quirk-Silva)

As Amended Ver:April 17, 2017

Majority vote

SUMMARY: Declares the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, as defined in statute, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties are considered first degree murder for purposes of the gravity of the offense and the support of survivors.

EXISTING LAW:

1. Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought.
2. States that malice may be express or implied. It is express when a deliberate intent to unlawfully take away the life of another is manifested. It is implied when no considerable provocation appears, or the circumstances of the killing indicate an abandoned and malignant heart.
3. Provides that an unlawful killing the commission of which is willful, deliberate, premeditated, and with express malice aforethought, is first degree murder. To prove the killing was deliberate and premeditated, it is not necessary to prove the defendant maturely and meaningfully reflected on the gravity of his or her act.
4. States that first degree murder can also be committed by means of a destructive device or explosive, by means of a weapon of mass destruction, by poison, by lying in wait for the victim, or by torture, or by knowing use of armor-piercing ammunition, or perpetrated by discharging a firearm from a motor vehicle with the intent to kill, or when a killing occurs in the perpetration or attempted perpetration of certain enumerated felonies (felony murder).
5. Provides that first degree murder is punishable by death, imprisonment in state prison for life without the possibility of parole (LWOP), or imprisonment in state prison for a term of 25 years to life. The penalty is death or imprisonment in the state prison for life without the possibility of parole (LWOP) if one or more special circumstances is found to be true, including:
   1. The victim was a peace officer, as defined by statute, who, while engaged in the course of the performance of his or her 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 duties; or the victim was a peace officer, as defined, or a former peace officer as defined, and was intentionally killed in retaliation for the performance of his or her official duties; or,
   2. 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. Provides that except as specified, second degree murder is punishable by imprisonment in the state prison for a term of 15 years to life.
7. Specifies that second degree murder shall be punished by imprisonment in state prison for a term of 25 years to life if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties.
8. Specifies that second degree murder shall be punished by a term of imprisonment of LWOP if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:
   1. The defendant specifically intended to kill the peace officer;
   2. The defendant specifically intended to inflict great bodily injury, as defined in statute, on a peace officer;
   3. The defendant personally used a dangerous or deadly weapon in the commission of the offense; or,
   4. The defendant personally used a firearm in the commission of the offense.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "Existing law recognizes the serious nature of the crime of murder. In fact, murder is one of the few crimes punishable by life imprisonment without the possibility of parole and the death penalty. The law also recognizes that particular murders are especially serious and specifically defines them as murder of the first degree. All other murders are then classified as murder of the second degree.

"Murders that are statutorily designated as murder of the first degree include premeditated murder, murder using a weapon of mass destruction, and murder committed during the commission of a rape or other sex crime. While the law does provide for enhanced penalties for the murder of a peace officer, it does not specify that the knowing murder of a peace officer engaged in the performance of his or her duties is murder of the first degree.

"The killing of a peace officer is one of the most heinous crimes imaginable, especially given that peace officers routinely risk death and injury to protect the public safety. While first degree murder can often be charged under an existing statutory fact pattern, it is appropriate to assign the knowing murder of a peace officer the statutory designation it deserves."

Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0000161

Date of Hearing: April 18, 2017

Counsel: Cheryl Anderson

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Declares the finding of the Legislature that all unlawful killings that are willful, deliberate, and premediated and in which the victim was a peace officer, as defined in statute, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties are considered first degree murder for purposes of the gravity of the offense and the support of survivors.

EXISTING LAW:

1. Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a).)
   
2. States that malice may be express or implied. It is express when a deliberate intent to unlawfully take away the life of another is manifested. It is implied when no considerable provocation appears, or the circumstances of the killing indicate an abandoned and malignant heart. (Pen. Code, § 188.)
   
3. Provides that an unlawful killing the commission of which is willful, deliberate, premeditated, and with express malice aforethought, is first degree murder. To prove the killing was deliberate and premeditated, it is not necessary to prove the defendant maturely and meaningfully reflected on the gravity of his or her act. (Pen. Code, § 189.)
   
4. States that first degree murder can also be committed by means of a destructive device or explosive, by means of a weapon of mass destruction, by poison, by lying in wait for the victim, or by torture, or by knowing use of armor-piercing ammunition, or perpetrated by discharging a firearm from a motor vehicle with the intent to kill, or when a killing occurs in the perpetration or attempted perpetration of certain enumerated felonies (felony murder). (Pen. Code, § 189.)
   
5. Provides that first degree murder is punishable by death, imprisonment in state prison for life without the possibility of parole (LWOP), or imprisonment in state prison for a term of 25 years to life. The penalty is death or imprisonment in the state prison for life without the possibility of parole (LWOP) if one or more special circumstances is found to be true, including:
   
   1. The victim was a peace officer, as defined by statute, who, while engaged in the course of the performance of his or her 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 duties; or the victim was a peace officer, as defined, or a former peace officer as defined, and was intentionally killed in retaliation for the performance of his or her official duties; or,
      
   2. 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. (Pen. Code, §§ 190, subd. (a), 190.2, subd. (a)(5) & (a)(7).)
      
6. Provides that except as specified, second degree murder is punishable by imprisonment in the state prison for a term of 15 years to life. (Pen. Code, § 190, subd. (a).)
   
7. Specifies that second degree murder shall be punished by imprisonment in state prison for a term of 25 years to life if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties. (Pen. Code, § 190, subd. (b).)
   
8. Specifies that second degree murder shall be punished by a term of imprisonment of LWOP if the victim was a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:
   
   1. The defendant specifically intended to kill the peace officer;
      
   2. The defendant specifically intended to inflict great bodily injury, as defined in statute, on a peace officer;
      
   3. The defendant personally used a dangerous or deadly weapon in the commission of the offense; or,
      
   4. The defendant personally used a firearm in the commission of the offense. (Pen. Code, § 190, subd. (c).)
      

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “Existing law recognizes the serious nature of the crime of murder. In fact, murder is one of the few crimes punishable by life imprisonment without the possibility of parole and the death penalty. The law also recognizes that particular murders are especially serious and specifically defines them as murder of the first degree. All other murders are then classified as murder of the second degree.
   
   “Murders that are statutorily designated as murder of the first degree include premeditated murder, murder using a weapon of mass destruction, and murder committed during the commission of a rape or other sex crime. While the law does provide for enhanced penalties for the murder of a peace officer, it does not specify that the knowing murder of a peace officer engaged in the performance of his or her duties is murder of the first degree.
   
   “The killing of a peace officer is one of the most heinous crimes imaginable, especially given that peace officers routinely risk death and injury to protect the public safety. While first degree murder can often be charged under an existing statutory fact pattern, it is appropriate to assign the knowing murder of a peace officer the statutory designation it deserves.”
   
2. Background -- First Degree and Second Degree Murder: Murder is defined as the unlawful killing of a human being with malice aforethought. (Pen. Code, § 187, subd. (a).) Malice may be express or implied. (Pen. Code, § 188.) Express malice is equated with an intent to unlawfully kill. (People v. Saille (1991) 54 Cal.3d 1103, 1114 [“once the trier of fact finds a deliberate intention unlawfully to kill, no other mental state need be shown to establish malice aforethought”]; People v. Moon (2005) 37 Cal.4^th 1, 29 [an intent to kill is the functional equivalent of express malice].)
   
   Under current law, an unlawful killing (a killing without legal justification or excuse) of a peace officer that is willful, deliberate, and premeditated is first degree murder. (Pen. Code, §§ 187-189; Pen. Code, §§ 196 & 196 [justifiable homicides – e.g., lawful self-defense], § 195 [excusable homicides – e.g., accident or misfortune].) Willful means the killing was intentional. (People v. Moon, supra, 37 Cal.4^th at p. 29.) Deliberate means the killing was the result of careful thought and weighing of considerations. (People v. Stress (1988) 205 Cal.App.3d 1259, 1269; see also People v. Anderson (1968) 70 Cal.2d 15, 24-26.) Premeditated means the killing was considered beforehand. (People v. Thomas (1945) 25 Cal.2d 880, 899; see also People v. Anderson, supra, 70 Cal.2d at pp. 24-26.)
   
   The types of evidence that the California Supreme Court has considered in finding premeditation and deliberation fall into three basic categories: [1] planning activity; [2] motive; and [3] manner of the killing from which a preconceived plan can be inferred. (People v. Anderson, supra, 70 Cal.2d at pp. 26-27.)
   
   An unlawful killing with malice aforethought (express or implied) but without deliberation and premeditation is second degree murder. (Pen. Code, § 189.) As discussed above, express malice is equated with the intent to kill. (People v. Saille, supra, 54 Cal.3d at p. 1114.) If a defendant intends to kill a peace officer without deliberation and premeditation, it is second degree murder absent legal justification or excuse. Implied malice has three components: [1] the killing resulted from an intentional act; [2] the natural consequences of the act are dangerous to human life; and [3] the defendant actually knew of those natural consequences and acted anyway with a “conscious disregard” for human life. (People v. Patterson (1989) 49 Cal.3d 615, 626.) If a peace officer is killed unintentionally, without premeditation and deliberation, but these three components are present, it is second degree murder absent legal justification or excuse.
   
   This bill restates existing law regarding first degree murder of a peace officer for purposes of the gravity of the offense and support of the survivors. This bill does not change existing law.
   
   
3. Punishment for Murder of a Peace Officer: Under current law, first degree murder of a peace officer is punishable by death, LWOP, or imprisonment in the state prison for a term of 25 years to life. (Pen. Code, § 190.) The penalty is death or LWOP if one or more special circumstances is found to be true, including that the victim was a peace officer who was intentionally killed in the line of duty, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties (Pen. Code, § 190.2, subd. (a)(7)) or the murder was committed to avoid a lawful arrest or to escape from lawful custody (Pen. Code, § 190.2, subd. (a)(5)).
   
   While second degree murder must ordinarily be punished by a state prison term of 15 years to life (Pen. Code, § 190, subd. (a)), there are special provisions for second degree murder of a peace officer. Second degree murder of a peace officer in the line of duty, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her duties, must be punished by a state prison term of 25 years to life. (Pen. Code, § 190, subd. (b).) Aggravated second degree murder of a peace officer must be punished by LWOP. (Pen. Code, § 190, subd. (c).) The murder is aggravated
   where, in addition, the defendant specifically intended to kill or inflict great bodily injury on the officer, or personally used a dangerous or deadly weapon or a firearm in the commission of the offense. (Pen. Code, § 190, subd. (c).)
   
   This bill does not change the current punishment for first or second degree murder of a peace officer.
   
4. Trends in Killing of Police: According to the background information provided by the author, since 2012, 22 California peace officers have been killed by intentional gunfire. Nationwide, 235 peace officers have suffered that same fate in the same time period. (https://www.odmp.org/search)
   
   Recently there have been several intentional shootings committed against peace officers, some of which, tragically, have resulted in the deaths of the officers.
   
   Nevertheless, according to a March 2017 article in the Huffington Post, “Despite these high-profile shootings and the push to make violent attacks on police officers a hate crime, on-duty officers are safer today than they were in the 1980s. The FBI declared 2015 one of the safest years on record for police. And, though the official numbers for 2016 won’t be available until mid-2017, the unofficial total of 64 officers who were feloniously killed would be significantly below a peak of 134 in 1973.” (http://www.huffingtonpost.com/entry/blue-black-lives-matter-police-bills-states_us_58b61488e4b0780bac2e31b8)
   
   Similarly, a recent study conducted by Franklin Zimring, Professor of Law at the University of California at Berkeley, found that in the past four decades, there has been a downward trend in the number of killings both of, and by, police. Although the number of people employed as peace officers has increased in the last generation, the violent killing of officers has deceased by more than half. Since 1976, the number of on-duty police officers killed in the United States has dropped somewhere between 68 and 75 percent. This is partly attributable to the use of the Kevlar vest. “Urban policing is a substantially less dangerous job in 2015 than in 1975.” (Zimring and Arsiniega, Trends in Killings of and by Police: A Preliminary Analysis, 2015, Ohio State Journal of Criminal Law, Vol. 13.)
   
5. Argument in Support: According to the Chief Probation Officers of California, “This bill would clarify that all unlawful killings in which the victim was a peace officer killed in the course of his or her duties, and are willful, deliberate, and premeditated and the defendant knew, or reasonably should have known, that the victim was a peace officer, are considered first degree murder.
   
   “Under existing law, many types of murder are statutorily classified as murder of the first degree. However, the murder of a peace officer is not specifically included. Although first degree murder can be charged under an existing statutory fact pattern, it is important to assign the willful, deliberate, and premeditated murder of a peace officer the appropriate statutory designation of first degree murder.”
   
6. Argument in Opposition: According to the Friends Committee on Legislation of California, “Neither the death penalty nor the sentence of life without the possibility of parole serve any public safety purpose. There is no empirical evidence that they deter homicides. Therefore, the imposition of these sentences is merely an act of state-sponsored vengeance.”
   
7. Related Legislation: AB 2 (Obernolte) would have made any crime, except the crime of resisting arrest, a hate crime if it was committed in whole or in part because of the victim’s status as a peace officer. AB 2 failed passage in this Committee but was granted reconsideration.
   
8. Prior Legislation: AB 242 (Salas) of the 2015-2016 Legislative session, would have added employment as a peace officer to the list of actual or perceived characteristics qualifying for hate crime status. AB 242 was held in this Committee.
   

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Deputy District Attorneys

Association for Los Angeles Deputy Sheriffs

Association of Orange County Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Narcotics Officers Association

California Police Chiefs Association

California State Sheriffs’ Association (Sponsor)

California Statewide Law Enforcement Association

Chief Probation Officers of California

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Peace Officers Research Association of California

Riverside Sheriffs’ Association

Sacramento County Deputy Sheriffs’ Association

Opposition

California Public Defenders Association

Friends Committee on Legislation of California

Analysis Prepared by: