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Home My WebLink AboutMINUTES - 08081995 - SD8 SP TO" BOARD OF SUPERVISORS f...._ � .. Contra FROM: SUPERVISOR GAYLE BISHOP �{ Costa DATE: August 1, 1995 "'�' `` County rG\ � rT CUUf1'r SUBJECT: LEGISLATION: SCA 24 (Calderon, Costa and Baynes) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of Senate Constitutional Amendment# 24 (SCA 24) by Senators Calderon, Costa and Haynes which would provide that an 11/12 vote of a jury could render a verdict in any felony criminal case except for an action in which the death penalty is sought or in which a defendant may be sentenced to a term of imprisonment for life without the possibility of parole. BACKGROUND: Senator Charles Calderon has written to the Chair of the Board of Supervisors, requesting support for SCA 24 which would allow an 11/12 vote of a jury to render a verdict in any felony criminal case except for those in which the death penalty is sought or in which a defendant may be sentenced to a term of imprisonment for life without the possibility of parole. Senator Calderon notes in his letter that our criminal justice system has been plagued by an unnecessarily high rate of hung juries which has crippled our prosecutorial abilities and substantially decreased local revenues because of the high cost of longer jury sequestration and retrials. Senator Calderon notes that in California the number of hung juries is approaching 30%, whereas in jurisdictions that allow a less than unanimous jury verdict the rate of hung juries can be as low as one-half of one percent. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): GAYLE BISHOP ACTION OF BOARD ON August ' APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN AYES: 1 .4 5 anti 3 NOES: 2 AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: Ncnp ABSTAIN: None OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED August 8, 1995 PHIL BATCHELOR,CLERK OF THE BOARD OF IS RS AND COUNTY AD TRATO See Page 2 M382 (10/88) Y -2- 1 agree that it is entirely necessary and appropriate that the voters have the opportunity to vote on whether the State Constitution should provide for a less than unanimous jury verdict in most felony trials. As a result, I encourage the Board of Supervisors to vote to support Senator Calderon's SCA 24. cc: Senator Charles M. Calderon Room 4039, State Capitol Sacramento, CA 95814 County Administrator District Attorney Sheriff-Coroner Public Defender Les Spahnn; Heim, Noack, Kelly and Spahnn 770 L Street, Suite 960 Sacramento, CA 95814 TEL No . Jul 31 ,95 10:31 No -002 P .01 BOARD OF SUPERVISORS CONTRA COSTA COUN-rY GAYLE BISHOP aumwwoa THAO01BTR"CT TO; Claude Van Marter FROP►'t: Patricia A.Rosenberg � DATE: July 31, 1995 RE: Cons"tutional Amendment re, jury Reform (SCA 2A); The democratic Party of Contra Costa County Resolution Per the following, Gayle has,ak'��l+thtlt t. u> Ma tlic 7e 'T, 1495 tetter from Senator Charles M. Calderon to 70 Mifo ' a f1�Ih�i'r .. o. rd°e>sfflo6ir$ F's agenda - for Board discussion. Cayce is in 4u fipart of SSC. �4 Wb h n+ouls�asClm��on-gnanimous jury verdicts. •7. •. -. b4y^yQ1 '• •' . •.fir 1.• Follow is a mell«dolr �oluttiQn from The Democratic Party.41V9i#a Costa County Supportine Mens re 4006'the Boa f S rvisars to` j Dealers in Residengal Are*, G.*yle is askirtg" that this Itsotutign g+m#0:.,11�e`, n#eIl'rnat Operations Committee for iliview. $. Thank you for ydur.attention to these requests. 18 CROW CANYON COURT#124 - SAN RAMON,CAUFORMIA 94583-1669 • TELEPHONE(510)820.8M ■ FACSIMILE(5110)92043627 TEL No . Jul 31 ,95 10:3,1 No,002 P .02 �vtACRAMENTO OMCF _ CtaMMi7TEESt STATE C"NNTOL RCK)M 60'49 , _.$'Y AGRICSUI-TLikt AND WATER SACRAMENTO,CA 93$14 REQS ;$# 1327-8315 + "" 1# APPROMA'"ONS MC'MiTEB6't ,CA OOS40 .. .. ,�y �•,jy�, .. .. ��rr M13172A-5179 'aafft1ETH DISTRICT �# tt. ticlnr�r �an��rt June 7, 1945 SUP£RVlfi�R iil.�s#.^.F"S The Honorable N. Gayle Bishop a�F�ct Chair, Board of Supervisors Contra Costa County Suite 120 18 Crow Canyon Blvd. San Ramon, CA 94583 Dear Supervisor Bishop, I am writing to ask for your support for a Constitutional Amendment I have introduced to allow for less than unanimous jury verdicts in criminal trials. I have introduced this proposal because I sincerely believe that our criminal justice system has been plagued by a unnecessarily high rate of hung juries which has crippled our proaccutorial abilities and substantially decreased local revenues because of the high cast of longer jury sNuestration, and retrials. Specifically, SCA 24 allows eleven of twelve jurors to render a verdict in all criminal cases except those in which the death penalty is sought or cases which carry a penalty of life in prison without the possibility of parole. It is my contention that the number of hang,furies is rapidly approaching 30% of all California criminal cases_ in States which allow non-unanimous jury verdicts, the hung jury rate can be as low as one half of one percent. This fact, together with the possibility for greater saving to local jurisdictions, provides me with sufficient reason to place this before the California voters, Recent events have illustrated the need for far-teaching jury reform legislation. This is the first step towards preventing a single juror from undoing months of hard work and ensuring a higher rate of successful jury verdicts, while protecting those wrongly accused. Si ` AP CHAItLF..S M L13ERON CMC-jd arIoW an fecycled taper c Senate Constitutional Amendment No. 24 Introduced by Senators Calderon, Costa and Haynes May 4, 1995 i i Senate Constitutional Amendment No. 24—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 16 of Article I thereof, relating to juries. LEGISLATIVE COUNSEL'S DIGEST SCA 24, as introduced, Calderon. Criminal trials: jury verdicts. The California Constitution requires the jury in criminal actions in which a felony is charged to consist of 12 persons. It also requires the jury in criminal actions in which a misdemeanor is charged to consist of 12 persons or a lesser number agreed on by the parties in open court. This measure would provide that 11112 of the jury may render a verdict in any criminal action except an action in which the death penalty is sought or in which a defendant may - be sentenced to a term of imprisonment for life without the possibility of parole. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 1 Resolved by the Senate, the Assembly concurring, That 2 the Legislature of the State of California at its 1995-96 i 3 Regular Session commencing on the fifth day of 4 December 1994, two-thirds of the membership of each 5 house concurring, hereby proposes to the people of the 6 State of California that the Constitution of the State be 99 SCA 24 — 2 — I 2 -1 amended by amending Section 16 of Article I thereof, to 2 read: 3 SEC. 16. (a) Trial by jury is an inviolate right and 4 shall be secured to all, but in a civil cause three-fourths of 5 the jury may render a verdict. A jury may be waived in 6 a criminal cause by the consent of both parties expressed 7 in open court by the defendant and eke a efe~aa~''�his or >j jury Y Y 8 her counsel. In a civil cause a ur may be waived b the 9 consent of the parties expressed as prescribed by statute. 10 (b) (1) In a civil eater cause the jury shall consist of 11 12 persons or a lesser number agreed on by the parties in 12 open court. In a civil ecus cause in municipal er justiee 13 court the Legislature may provide that the jury shall 14 consist of eight persons or a lesser number agreed on by 15 the parties in open court. 16 (2) In a 'criminal ae6efts action in which a felony is 17 charged, the jury shall consist of 12 persons. In a criminal 18 etetietts action in which a misdemeanor is charged, the 19 jury shall consist of 12 persons or a lesser number agreed 20 on by the parties in open court. 21 (c) Eleven-twelfths ofthejurymayrendera verdictin 22 any criminal action except the following.• 23 (1) An action in which the death penalty is sought. 24 (2) An action in which the defendant may be 25 sentenced to confinement in the state prison for a term 26 of life without the possibility of parole. O 99 DATE: REQUESTTo SPEAK FORM / (THREE (3) MINUTE LIMIT) / Complete this form and place it. in the box near the speakers' rostrum before addressing the Board. NA.tiQE �i'vG�Qi �C�� / PHONE: ADDRESS: /j CTIY: I am speaking formyself z� OR organization: NAME OF ORGANIZATION) Check gone: I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.