California 2021-2022 Regular Session Status: Passed Senate 4 D cosponsors

SB 300 — Crimes: murder: punishment.

Last action — Ordered to inactive file on request of Assembly Member Kalra.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law classifies a murder as murder in the first degree if it is willful, deliberate, and premeditated, is committed by specified means including poison, explosive, or torture, or if it is committed in the perpetration of, or attempt to perpetrate specified felonies, including robbery, carjacking, and rape. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person either, with intent to kill, aids, abets, counsels, commands, induces, solicits, requests or assists the actual killer in the commission of the murder, or is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law, murder in the first degree is punishable by 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, added by Proposition 115 of the June 5, 1990, statewide primary election, provides that a person, not the actual killer, who is found guilty of first degree murder, and who, with reckless indifference to human life and as a major participant in certain specified violent felonies, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted in the commission of that felony, shall be punished by death or imprisonment in the state prison without the possibility of parole. Existing law provides for amendment of these provisions by a23 vote of each house of the Legislature. This bill would repeal the aforementioned provision requiring punishment by death or imprisonment for life without the possibility of parole for a person convicted of murder in the first degree who is not the actual killer, but acted with reckless indifference for human life as a major participant in certain specified violent felonies. (2) Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance which is admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would repeal the provision prohibiting a judge from striking a special circumstance. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Kalra.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 12. Noes 4.) (August 11).

  4. Coauthors revised.

  5. August 3 set for first hearing. Placed on suspense file.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 1). Re-referred to Com. on APPR.

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  8. Referred to Com. on PUB. S.

  9. In Assembly. Read first time. Held at Desk.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 27. Noes 8. Page 1980.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. Ordered to second reading.

  14. From inactive file.

  15. Ordered to inactive file on request of Senator Cortese.

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1187.) (May 20).

  19. Set for hearing May 20.

  20. April 19 hearing: Placed on APPR suspense file.

  21. Set for hearing April 19.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 689.) (April 6). Re-referred to Com. on APPR.

  23. Set for hearing April 6.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  25. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  26. (Ayes 32. Noes 4.)

  27. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  28. Referred to Com. on PUB. S.

  29. From printer. May be acted upon on or after March 6.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 113 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

3rd Reading SB300 Cortese et al. Urgency Clause

Passed 27 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 18500
Republican 0301
Democratic 9004
Total 27805
% of votes cast 68%20%0%13%
How each member voted (40)
Member Party Vote
Bates — Nay
Wilk — Nay
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Leyva — Yea
Dodd — Yea
Min — Yea
Rubio — Yea
Kamlager — Yea
Atkins — Yea
Pan — Yea
Skinner — Yea
Newman — Yea
Hueso — Yea
Gonzalez — Yea
Wieckowski — Yea
Portantino — Yea
Roth — Yea
Glazer — Yea
Eggman — Yea
Hertzberg — Yea
Bradford — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Bates — Yea
Bradford — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 300 do?
(1) Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law classifies a murder as murder in the first degree if it is willful, deliberate, and premeditated, is committed by specified means including poison, explosive, or torture, or if it is committed in the perpetration of, or attempt to perpetrate specified felonies, including robbery, carjacking, and rape. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person either, with intent to kill, aids, abets, counsels, commands, induces, solicits, requests or assists the actual killer in the commission of the murder, or is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law, murder in the first degree is punishable by 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, added by Proposition 115 of the June 5, 1990, statewide primary election, provides that a person, not the actual killer, who is found guilty of first degree murder, and who, with reckless indifference to human life and as a major participant in certain specified violent felonies, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted in the commission of that felony, shall be punished by death or imprisonment in the state prison without the possibility of parole. Existing law provides for amendment of these provisions by a23 vote of each house of the Legislature. This bill would repeal the aforementioned provision requiring punishment by death or imprisonment for life without the possibility of parole for a person convicted of murder in the first degree who is not the actual killer, but acted with reckless indifference for human life as a major participant in certain specified violent felonies. (2) Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance which is admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would repeal the provision prohibiting a judge from striking a special circumstance. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 300?
SB 300 is sponsored by Cortese, Dave (Democratic), Durazo, Maria Elena (Democratic), Kalra, Ash (Democratic), Bradford, Kamlager, Skinner, Wiener, Scott D. (Democratic), Ting, and Mark Stone.
What is the current status of SB 300?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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 SB 300?
Track SB 300 free on One Click Politics — get push/email alerts when it moves.

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