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ACA-2 Death penalty. (2021-2022)

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ACA2:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Constitutional Amendment
No. 2


Introduced by Assembly Members Levine and Chiu
(Coauthors: Assembly Members Friedman, Gipson, and Stone)
(Coauthor: Senator Wiener)

December 07, 2020


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing and adding Section 27 of Article I thereof, relating to the death penalty.


LEGISLATIVE COUNSEL'S DIGEST


ACA 2, as introduced, Levine. Death penalty.
The California Constitution requires that all statutes of this state in effect on February 17, 1972, requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum.
The California Constitution requires that the death penalty not be deemed to be, or to constitute, the infliction of cruel or unusual punishment.
This measure would amend the California Constitution to delete that provision and instead would prohibit the death penalty from being imposed as a punishment for any violations of law.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

 That Section 27 of Article I thereof is repealed.
SEC. 27.

All statutes of this State in effect on February 17, 1972, requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum.

The death penalty provided for under those statutes shall not be deemed to be, or to constitute, the infliction of cruel or unusual punishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution.

Second—

 That Section 27 is added to Article I thereof, to read:

SEC. 27.
 The death penalty shall not be imposed as a punishment for any violations of law.