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Indybay Feature
Sun Oct 31 2004
Statewide Movement to Amend 3-Strikes Law
Proposition 66 Would Have Changed Three Strikes to Affect only "Violent Felons"
11/3/2004: Prop 66 did not pass
10/31/2004: This fall's statewide Proposition 66 would amend California's Three Strikes law, which was one of the first of its type in the nation. It reforms California’s three strikes sentencing law to require that a third strike, which carries a mandatory 25-to-life sentence, be a violent or serious felony. It also changes the list of crimes counting as “strikes” to exclude some nonviolent or nonserious crimes. Resentencing would be an option for some prisoners who are currently classified as third strikers. According to the Yes on 66 campaign, "California is the only state in the nation whose three-strikes law applies the same sentences to petty criminals that it does to rapists, robbers and murderers." Read more It includes a complicated schedule for increased sentences for each "strike," or felony conviction.
Proposition 66 provides for re-sentencing: Re-sentencing is not automatic. Prisoners would have to apply for a hearing and be granted it by the Judge in their court of origin. Re-sentencing would only apply to non-violent offenders who have "behaved" while they were in prison- a third striker who has attempted escape or been violent while in prison will not qualify for re-sentencing. Governor Schwarzenegger appears frequently in television ads that state that if Prop. 66 passes, violent criminals will be released into our neighborhoods. Yes on 66 Campaign Rebuttal Currently, if an applicant for commutation of sentence has been convicted of two or more felonies in separate proceedings a majority of the California Supreme Court must vote to approve the Governor's grant of clemency.
Text of Prop 66 (Word File) | Supporters of the current Three Strikes Law | FACTS, or Families to Amend California's Three Strikes | Yes on 66 website | Still Striking Out: Ten Years of California's Three Strikes | Three Strikes: Seven Years Later | The November Coalition
10/31/2004: This fall's statewide Proposition 66 would amend California's Three Strikes law, which was one of the first of its type in the nation. It reforms California’s three strikes sentencing law to require that a third strike, which carries a mandatory 25-to-life sentence, be a violent or serious felony. It also changes the list of crimes counting as “strikes” to exclude some nonviolent or nonserious crimes. Resentencing would be an option for some prisoners who are currently classified as third strikers. According to the Yes on 66 campaign, "California is the only state in the nation whose three-strikes law applies the same sentences to petty criminals that it does to rapists, robbers and murderers." Read more It includes a complicated schedule for increased sentences for each "strike," or felony conviction.
Proposition 66 provides for re-sentencing: Re-sentencing is not automatic. Prisoners would have to apply for a hearing and be granted it by the Judge in their court of origin. Re-sentencing would only apply to non-violent offenders who have "behaved" while they were in prison- a third striker who has attempted escape or been violent while in prison will not qualify for re-sentencing. Governor Schwarzenegger appears frequently in television ads that state that if Prop. 66 passes, violent criminals will be released into our neighborhoods. Yes on 66 Campaign Rebuttal Currently, if an applicant for commutation of sentence has been convicted of two or more felonies in separate proceedings a majority of the California Supreme Court must vote to approve the Governor's grant of clemency.
Text of Prop 66 (Word File) | Supporters of the current Three Strikes Law | FACTS, or Families to Amend California's Three Strikes | Yes on 66 website | Still Striking Out: Ten Years of California's Three Strikes | Three Strikes: Seven Years Later | The November Coalition
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