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State of California November 2, 2004 Election
Proposition 66
Limitations on "Three Strikes" Law. Sex Crimes. Punishment
State of California

Initiative Statute

5,596,077 / 47.3% Yes votes ...... 6,230,122 / 52.7% No votes

See Also: Index of all Propositions

Results as of Dec 6 4:02pm, 100.0% of Precincts Reporting (24035/24035)
Information shown below: Summary | Fiscal Impact | Yes/No Meaning | Official Information | Arguments |

Should the "Three Strikes" law be limited to violent and/or serious felonies? Permits limited re-sentencing under new definitions. Increases punishment for specified sex crimes against children.

Summary Prepared by Attorney General:
  • Amends "Three Strikes" law to require increased sentences only when current conviction is for specified violent and/or serious felony.
  • Redefines violent and serious felonies. Only prior convictions for specified violent and/or serious felonies, brought and tried separately, would qualify for second and third "strike" sentence increases.
  • Allows conditional re-sentencing of persons with sentences increased under "Three Strikes" law if previous sentencing offenses, resulting in the currently charged felony/felonies, would no longer qualify as violent and/or serious felonies.
  • Increases punishment for specified sex crimes against children.

Fiscal Impact from the Legislative Analyst:
Over the long run, net state savings of up to several hundred million dollars annually, primarily to the prison system; local jail and court-related costs of potentially more than ten million dollars annually.

Meaning of Voting Yes/No
A YES vote of this measure means:
The current "Three Strikes" sentencing law would be amended to require that a second and third strike offense be a serious or violent felony, instead of any felony, in order for the longer sentences required under Three Strikes to apply. The state would be required to resentence "third strikers" whose third strike was nonviolent and nonserious. In addition, prison sentences for specified sex offenses against children would be lengthened.

A NO vote of this measure means:
Current sentencing law would remain in effect, requiring offenders with one or more prior convictions for serious or violent felonies to receive longer sentences for the conviction of any new felony (not just a serious or violent felony). In addition, prison sentences for certain sex offenses against children would remain unchanged.

Official Sources of Information
Arguments Submitted

Summary of Arguments FOR Proposition 66:
PROPOSITION 66 RESTORES THREE STRIKES TO ITS ORIGINAL INTENT--ensuring criminals currently serving time for violent offenses are kept in prison, SAVING TAXPAYERS BILLIONS OF DOLLARS currently wasted imprisoning shoplifters and other nonviolent, petty offenders for life. PROPOSITION 66 PROTECTS CHILDREN WITH TOUGHER 1-STRIKE SENTENCES FOR CHILD MOLESTERS. YES ON PROPOSITION 66.

Full Text of Argument In Favor

Summary of Arguments AGAINST Proposition 66:
Proposition 66 is opposed by Governor Schwarzenegger, the Attorney General, all 58 District Attorneys, the state's leading law enforcement, taxpayer, and child protection groups. Costs millions and threatens public safety by creating a legal loophole that could release an estimated 26,000 convicted felons-- including rapists, child molesters, and murderers.

Full Text of Argument Against

Contact FOR Proposition 66:
Jim Benson
Citizens Against Violent Crime
1625 E. 17th Street, #105
Santa Ana, CA 92705

Contact AGAINST Proposition 66:
Californians United for Public Safety

  Official Information

Secretary of State

Campaign Finance Information Legislative Analysts's Office Nonpartisan Information

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  • Come to a meeting in your community where League experts discuss all state ballot propositions giving a nonpartisan analysis. Consult your Smart Voter county page for dates, times and locations.
News and Analysis

KQED-FM: Forum Talk Show

  • Proposition 66 - with host Michael Krasny and guests 10/27/04. (Opens in new window)
California Connected LA36 (Los Angeles Cable TV)
  • Voter Minute - a video guide (with transcript) to help you decide (Windows Media Player; opens in new window)
Google News Search Partisan Information

FOR Prop 66

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Created: December 15, 2004 13:39 PST
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