Bill to Toughen Murder Penalty for Youths Gains

The Assembly on Wednesday overwhelmingly passed legislation to substantially toughen the penalty for juveniles 16 years of age and over who are convicted of heinous first-degree murders.

A lopsided bipartisan 63-4 vote sent the anti-gang measure to the Senate after a minimum of debate.

The bill would give judges the authority to sentence youths between the ages of 16 and 18 who are convicted of first-degree murder with especially heinous circumstances to life in state prison without possibility of parole or to a term of 25 years to life.

Similar bills previously had been blocked by liberals on the Assembly Public Safety Committee. But this measure was created on the Assembly floor by amendments inserted into another piece of legislation by a coalition of the rebel Democratic “Gang of Five” and Republicans

The amendment was carried by Assemblyman Gerald N. Felando (R-San Pedro), who is waging a fierce primary election battle with Deane Dana III, son of the Los Angeles County supervisor.

Felando called the amended bill “without question one of the most significant pieces of legislation we will pass this year.” The author of the amended legislation is Assemblyman Tim Leslie (R-Carmichael).

An opponent, Assemblyman Richard E. Floyd (D-Hawthorne), claimed that the bill does not go far enough, saying, “This punishment probably should go down to age 7. How about 15-year-olds? Why stop at 16 or 17?”

In other action, the Assembly Ways and Means Committee on Wednesday approved a bill to stiffen penalties for street gang drive-by shootings. This measure also is a product of the Gang of Five and GOP coalition.

A 13-2 vote sent this bill, authored by Assemblyman Gil Ferguson (R-Newport Beach), to the lower house floor. It would extend from five to eight years the additional prison term imposed for gang-style drive-by shootings when there are deaths or serious injuries.

The same committee also approved on a 12-10 vote a bill by Assemblyman Burt Margolin (D-Los Angeles) to increase the refund rate for empty beer and soft drink containers from one penny each to “two for a nickel.” This bill was sent to the Assembly floor.