The death penalty is perhaps one of the most controversial topics in the justice system today. With several new laws being passed in 2016, many are wondering if there will be any changes in California’s death penalty laws. Two ballot initiatives in November dealt with the Death Penalty.  One measure attempted to abolish the death penalty, altogether. Another measure proposed to speed up the execution process for those who are convicted. With the increasing publicity of wrongful convictions, as well as concerns about how taxpayer funds are spent, there are several factors to be weighed with these changes. Here is a brief rundown of California’s current death penalty laws.

Proposition 62 – California voters decide not to repeal the death penalty

Proposition 62 was an initiative that would have repealed California’s death penalty entirely. This means that life without the possibility of parole would be California’s maximum sentence for murder. Just over 53% of voters voted “no” on Prop 62, thereby leaving California as one of the 30 states where the death penalty is legal. Had Prop 62 passed, it would have been applied retroactively – meaning all inmates on death row would be converted to inmates who have life in prison without the possibility of parole. Part of Prop 62 would have required those convicted of murder to work during incarceration in order to pay restitution to the victim’s loved ones. The current law requires garnishing an inmate’s prison wages 20%-50% in order to pay restitution to victims’ families.

Those who argued for passing Prop 62 say that the death penalty system is a failure. Since 1978, taxpayers have spent more than $5 billion to carry out only 13 executions. In addition, the fact that wrongful convictions remain a serious problem in the judicial system creates the risk of executing someone who is actually innocent.  The Innocence Project has overturned the convictions of hundreds of death row inmates, proving the serious flaws inherent in our criminal justice system.

Proposition 66 – California speeds up the execution process

Prop 66 works by shortening the time in which those who are convicted may challenge their death penalty sentence. In addition, it will now be up to trial courts to hear challenges petitioning death row convictions. This procedural change will limit the amount of petitions that can be brought challenging the sentence. Those who supported Prop 66 included law enforcement and families of murder victims who argued that the problem with California’s death penalty is that the convicted sit on death row for decades – costing taxpayers billions of dollars. Limiting state appeals to five years and assigning a lawyer to handle the appeals with significantly reduce the amount of time spent litigating the death penalty sentences. In addition, Prop 66 will allow for the prisons to reform death row housing. The measure claims it will save California taxpayers more than $30 million annually.

Those who are against Prop 66 are already looking to the California Supreme Court to prevent Prop 66 from taking effect. It is likely that there will be a flurry of court action on this contentious topic, but for now, California voters have voted to pass it.