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, explosives, or torture, or is committed in the perpetration of, or attempt to perpetrate, specified felonies, including robbery, carjacking, and rape. 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 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.
This bill would add to this list of special circumstances any first-degree murder in which the victim is a person under 12 years of age.
By adding additional elements to an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB590: 190.2 PEN, 190.2 PEN
03/22/23 - Amended Senate: 190.2 PEN, 190.2 PEN