Saturday, Jan 07, 2006
Bay & State  XML

Posted on Sat, Jan. 07, 2006

Two initiatives aim to alter California's "Three Strikes" law

Associated Press

Two proposed ballot measures would alter the state's "Three Strikes" law - but one would ease its requirements while another would toughen some of them.

Both would appear on the November election ballot if enough signatures are gathered to qualify them.

Under the 1994 law, someone convicted of a third felony faces a mandatory sentence of 25 years to life.

The proposed "Three Strikes Reform Act of 2006" would require the third felony to be a serious or violent crime before the sentence could be imposed.

Inmates who already received the "third strike" sentence for a non-serious felony would be eligible for re-sentencing.

"You've got a lot of folks doing 25 years to life for nonserious and nonviolent offenses," said Brian T. Dunn, an attorney who submitted the initiative to the state attorney general's office.

Los Angeles County District Attorney Steve Cooley also submitted the proposal.

A second proposed initiative, the "Repeat Felon Justice Act of 2006," was filed by Steve Ipsen, president of the Association of Deputy District Attorneys.

That measure would change the law by requiring only two felony "strikes" before rapists, child molesters and murderers are given life sentences.

For other criminals, judges would have the choice of imposing third-strike sentences of 15 years to life, nine years to life or a fixed nine-year term.

"It allows the judge to give the appropriate punishment to the criminal based on the current offense and his past offenses," Ipsen said.

The measure "makes sure the punishment is fair," he said.


Information from: (Los Angeles) Daily News, http://www.dailynews.com