California Proposition 222 (1998)
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California Proposition 222 was on the June 2, 2008 statewide primary ballot in California as a legislatively-referred state statute, amending Section 190 of California's Penal Code.
It was approved.
The two main provisions in Proposition 222 were:
- Changing Section 190 of the Penal Code so that if a second degree murder of a peace officer is committed intentionally, with intent to commit great bodily harm, or with personal use of a firearm or dangerous or deadly weapon, when the defendant knows or should know that the peace officer is performing official duties, the murder will be punishable by life in prison or without parole. (Prior to Prop 222, such a crime was punishable by 25 years to life in prison.)
- Altering the Penal Code so that people convicted of any murder could not earn credits in prison to reduce their sentence.
Election results
| California Proposition 222 | ||||
|---|---|---|---|---|
| Percentage | ||||
 Yes
| 77.1% | |||
| No | 22.9% | |||
| Total votes | 100% | |||
Campaign Spending
Supporters
Supporters of Proposition 222 spent $31,786. The top contributors to pass the measure were:
- California Correctional Peace Officers Association: $10,222
- McNally Temple Associates, Inc.: $15,000
Opponents
No contributions to oppose the measure were reported to the Secretary of State.
Ballot language
The language that appeared on the ballot:
Background
Under California law, there are two "degrees" of murder.
First degree murder is generally defined as murder that is intentional or deliberate, or that takes place during certain other crimes, including arson, rape, or robbery.
All other types of murder are second degree murder. It is generally punishable by imprisonment for 15 years to life with the possibility of parole. An exception is provided in some cases involving the second degree murder of a peace officer.
State law provides that certain prison inmates who participate in work and education programs or who demonstrate good conduct while in prison shall receive credits that reduce the time they must stay in prison. However, any person convicted of second degree murder of a peace officer is ineligible to receive these credits.
State law also provides that if a peace officer is killed in the line of duty and the person convicted of the murder knew or should have known that the victim was a peace officer, the crime is punishable by a prison term of 25 years to life. Under a law that was enacted in September 1997, the second degree murder of a peace officer is punishable by a longer term of life in prison without the possibility of parole if it is also found that the murderer specifically intended to kill or greatly injure the peace officer, or used a firearm or other dangerous weapon in the crime
Proposal
This proposition provides that no person convicted of murder is eligible to receive credits that reduce the time he or she spends in state prison. This measure also places before the voters a provision that is virtually identical to the law enacted in September 1997 relating to the second degree murder of a peace officer.
Fiscal effect
This proposition would increase state costs primarily as a result of longer prison terms for the murderers specified by the measure. However, these costs are probably minor, because relatively few offenders would likely be affected.
See also
External links
- Official California Voter Guide to Proposition 222
- Proposition 222 on Smart Voter
- League of Women Voters analysis of pros/cons of Prop 222
- June 2, 1998 California statewide elections results (PDF)
- Campaign Finance Information
