Analysis
Letter to Author, 3-21-02
Action Alert
Facts about AB 2103 (Wyman)
EXPANDS DEATH PENALTY TO TERRORIST ACTS
SB 2103 would make the penalty for homicide committed in the course of a "terrorist act" punishable by death or by life imprisonment without possibility of parole.
The Problem Existing law sets forth a lengthy list of "special circumstances" that can make certain homicides eligible for the death penalty or for life imprisonment without possibility of parole. It it therefore tempting for legislators to add more circumstances to the list whenever there is an incident that attracts public attention.
Background In response to the terrorist attacks in September 2001, the Republican Caucus of the State Assembly drafted a series of measures intended to "get tough" with people who might engage in political violence. AB 2103 is one of those measures.
Recommendation Oppose AB 1103 (Wyman)
Reasons
Status To be heard in Assembly Public Safety Committee, April 2, 2002.
Prepared by the Friends Committee on Legislation, 926 J Street #707, Sacramento, CA 95814 - March 8, 2002
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DETAILED DESCRIPTION OF AB 2103
AB 2103, as introduced, Wyman. Murder: special circumstances.
Existing law, as amended by initiative statute, provides that the
penalty for a defendant found guilty of murder in the first degree
shall be death, or confinement in the state prison for a term of life
without the possibility of parole, where one or more special
circumstances have been charged and found to be true. In this
connection, existing law provides that one special circumstance is
where the victim is a government official, and the murder was carried
out in retaliation for, or to prevent the performance of official
duties.
This bill would add to the list of special circumstances a
situation in which the defendant killed the victim while committing a
terrorist act in violation of specified provisions.
The bill would provide that it shall become effective only when
submitted to, and approved by, the voters of California.
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Friends Committee on Legislation
March 21, 2002
Phil Wyman
Re: Senate Bill 2103 (Wyman), Oppose
Dear Assembly Member Wyman:
The Friends Committee on Legislation respectfully opposes Assembly Bill
2103, which expands the application of the death penalty to include
defendants who kill a victim during an act of "terrorism." We think it is
counter-productive to consider capital punishment in connection with
investigations of homicides related to political violence. Such cases are
more likely to be resolved and prevented out of public concern for victims
of past and possible future violence, rather than by any threats of retribution.
Within the past few years, society has become painfully aware of the damage
that can be done by zealotry, by finaticism, and people who suffer from
deep, suicidal depression. The solution to the problems these people
present do not lie in more severe penalties. It is much more useful to
focus public attention on the value of reaching these people, and the
communities that support them before their actions become violent.
For the foregoing reasons, we oppose Assembly Bill 2103.
Very truly yours,
STEVE BIRDLEBOUGH
CC: Carl Washington, Chair, Assembly Public Safety Committee
THE FCL IS A QUAKER SPONSORED LEGISLATIVE ACTION GROUP
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This page was last updated March 8, 2002
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The following letter was sent to the author concerning this measure:
926 J Street * Sacramento, CA 95814 * (916)443-3734
Member of the Assembly
State Capitol, Sacramento
Legislative Advocate
Friends Committee on Legislation
926 J Street#707
Sacramento,CA 95814-2707
(916)443-3734
