State Sen. Loni Hancock today abandoned her bill that would’ve abolished California’s death penalty, even as a coalition supporting it vowed to take it to voters as a ballot measure instead.
Hancock, D-Berkeley, withdrew SB 490 from consideration by the Assembly Appropriations Committee, which was scheduled to vote on the bill today.
“The votes were not there to support reforming California’s expensive and dysfunctional death penalty system,” she said in her news release. “I had hoped we would take the opportunity to save hundreds of millions of dollars that could be used to support our schools and universities, keep police on our streets and fund essential public institutions like the courts.”
SB 490 would have replaced the death penalty with life imprisonment without possibility of parole for those already condemned and for the future. Hancock chairs the Senate Public Safety Committee as well as the Budget subcommittee that oversees the criminal justice system’s funding. The bill had been opposed by groups including Crime Victims United of California and the California District Attorneys Association.
But California Taxpayers for Justice, which had been backing Hancock’s bill, said it’s far from done.
“If the California Legislature will not act to put an end to California’s death penalty debacle, and to keep California families safe, then we will. We will take immediate steps to file a ballot initiative for the November 2012 general election,” the group said in a news release; more information will be released at a news conference Monday morning in Sacramento.
Stefanie Faucher, a member of California Taxpayers for Justice and associate director of San Francisco-based Death Penalty Focus, said she and her colleagues “are confident that Californians are ready to replace the death penalty.”
A July 2010 Field Poll found 70 percent of California voters support capital punishment, up from 67 percent in 2006; this support cut across age, gender, racial, religious and party lines. The survey had a 2.8 percentage point margin of error.
However, a subsample of that same poll found that if given a choice, about as many voters would personally opt to impose a sentence of life in prison without the possibility of parole — 42 percent — as would choose the death penalty — 41 percent — for someone convicted of first-degree murder. This subsample had a 4.6 percentage point margin of error.
The state Senate Public Safety Committee heard testimony Tuesday from 9th U.S. Circuit Court of Appeals Senior Judge Arthur Alarcón and Loyola Law Professor Paula Mitchell, co-authors of the study, “Executing the Will of the Voters? – A Roadmap to Mend or End the California Legislature’s Multi-Billion Dollar Death Penalty Debacle,” published in June. The study had concluded California has “the most expensive and least effective death penalty law in the nation.”
And last week, former California Attorney General John Van de Kamp and Loyola Law Professor Laurie Levenson testified in support of the bill to the Assembly Appropriations Committee. Van de Kamp chaired the California Commission of the Fair Administration of Justice, which produced a 2008 report that called the state’s death penalty system dysfunctional and a waste of money.