California 2017-2018 Regular Session Status: In Committee

AB 3104 — Murder.

Last action — Ordered to inactive file at the request of Assembly Member Cooper.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law defines first degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies, including arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Existing law, as enacted by Proposition 7, approved by the voters at the November 7, 1978, statewide general election, prescribes a penalty for that crime of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law, as amended by Proposition 115 as approved by the voters at the June 5, 1990, statewide primary election, requires the sentence of life without the possibility of parole or death to be imposed when specified special circumstances have been found to be true, including when 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, specified felonies. Existing law, also as amended by Proposition 115, requires that 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 an enumerated felony that results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, be punished by death or imprisonment in the state prison for life without the possibility of parole. Existing law defines 2nd degree murder as all murder that is not in the first degree and imposes a penalty of imprisonment in the state prison for a term of 15 years to life. The Legislature may amend Proposition 115 by a statute passed in each house by rollcall vote entered in the journal, 23 of the membership concurring, or by a statute that becomes effective only when approved by the electors. This bill would amend various propositions by limiting the sentence for specified instances of first degree murder to 25 years to life, specifically where the person is not the actual killer but acts with specified intent. The bill would define as 2nd degree murder, punishable by 15 years to life in state prison, a person who is not the actual killer and who does not act with reckless indifference to human life and is not a major participant in the crime, but who aids, abets, counsels, commands, induces, solicits, requests, or assists an actor in the commission or attempted commission of an enumerated crime that results in the death of a person. This bill would provide a means for a person to petition for recall and resentencing when he or she was sentenced to an indeterminate term of imprisonment in the state prison for life without the possibility of parole when he or she was not the actual killer, did not act with reckless indifference to human life, and was not a major participant in the underlying felony. The bill would require the petitions for recall and resentencing to be filed on or before January 1, 2024.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Cooper.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 6. Noes 1.) (April 24).

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Re-referred to Com. on PUB. S.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  7. Referred to Com. on PUB. S.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Nay
Quirk — Yea
Santiago — Yea
Wendy Carrillo — Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 3104 do?
Existing law defines first degree murder, in part, as all murder that is committed in the perpetration of, or attempt to perpetrate, specified felonies, including arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Existing law, as enacted by Proposition 7, approved by the voters at the November 7, 1978, statewide general election, prescribes a penalty for that crime of death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law, as amended by Proposition 115 as approved by the voters at the June 5, 1990, statewide primary election, requires the sentence of life without the possibility of parole or death to be imposed when specified special circumstances have been found to be true, including when 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, specified felonies. Existing law, also as amended by Proposition 115, requires that 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 an enumerated felony that results in the death of some person or persons, and who is found guilty of murder in the first degree therefor, be punished by death or imprisonment in the state prison for life without the possibility of parole. Existing law defines 2nd degree murder as all murder that is not in the first degree and imposes a penalty of imprisonment in the state prison for a term of 15 years to life. The Legislature may amend Proposition 115 by a statute passed in each house by rollcall vote entered in the journal, 23 of the membership concurring, or by a statute that becomes effective only when approved by the electors. This bill would amend various propositions by limiting the sentence for specified instances of first degree murder to 25 years to life, specifically where the person is not the actual killer but acts with specified intent. The bill would define as 2nd degree murder, punishable by 15 years to life in state prison, a person who is not the actual killer and who does not act with reckless indifference to human life and is not a major participant in the crime, but who aids, abets, counsels, commands, induces, solicits, requests, or assists an actor in the commission or attempted commission of an enumerated crime that results in the death of a person. This bill would provide a means for a person to petition for recall and resentencing when he or she was sentenced to an indeterminate term of imprisonment in the state prison for life without the possibility of parole when he or she was not the actual killer, did not act with reckless indifference to human life, and was not a major participant in the underlying felony. The bill would require the petitions for recall and resentencing to be filed on or before January 1, 2024.
Who sponsors AB 3104?
AB 3104 is sponsored by Cooper.
What is the current status of AB 3104?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3104?
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Last checked for changes 3 months ago · updated continuously

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