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HomeMy WebLinkAbout4604 v RESOLUTION NO. 4604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA URGING THE STATE LEGISLATURE FOR THE PRESERVATION OF THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE STATE OF CALIFORNIA, TO ADOPT AND THE GOVERNOR TO SIGN TWO MEAS- URES, ONE IMMEDIATELY IMPOSING A LIFE SENTENCE WITHOUT POSSIBILITY OF PAROLE FOR ALL PERSONS PRESENTLY UNDER DEATH SENTENCE CONVICTIONS AND FOR ALL FUTURE CONVICTIONS FOR FIRST-DEGREE MURDER AND ANOTHER RE-IMPOSING THE DEATH PENALTY FOR COMMISSION OF MURDER UNDER CIRCUMSTANCES TRA- DITIONALLY ABHORRED BY SOCIETY WHEREAS, previously, first de'gree murder in California was punishable by death or life imprisonment as determined by the triers of fact who were allowed at their discretion to consider circumstances surrounding the crime, the defendant's background and history, and facts in aggravation or mitigation in fixing the penalty; and WHEREAS, afore-described death penalty statute was found un- constitutional for failure to require consideration of special circum- stances by the trier of fact in fixing the death penalty and the voters of the State of California thereafter passed a measure mandating the death penalty only where special circumstances are found to exist such as murder by agreement, murder of a police officer in the line of duty, murder of a witness to a crime during its commission, murder during robbery, kidnapping, rape, lascivious acts, or burglary, and where there is a prior murder conviction; and WHEREAS, in December 1976, the California State Supreme Court again found the California death penalty unconstitutional for failure to require consider.ation <;>f circumstances surrounding the crime, the defendant's background and history, and facts in aggravation or mitiga- tion in fix~ng the death penalty, thereby in effect reducing all exist- ing death penalty sentences to the minimum twenty years, thus rendering murderers sentenced to death eligible for parole within seven years. -1- 4604 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arcadia as follows: 1. That for the health, safety and welfare of the people of the state of' California, the City of Arcadia hereby urges the State Legislature to immediately adopt and the .Governor to sign a measure imposing a life seritence without possibility of parole on all persons with existing deat:h sentences and for all and future convictions for first-degree murder. 2. That for the health, safety and welfare of the people of the State of California, the City of Arcadia urges that the State Legislature adopt and the Governor sign a measure re-imposing the death penalty for commission of murder, under circumstances traditionally abhorred by societ;y. 3. That the City Clerk shall certify to the adoption of this - resolution and shall cause a certified copy thereof to be forwarded to other representatives in the State Legislature for appropriate distri- bution, The League of California Cities and San Gabriel Valley Association of C1ties. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day of J'anuary, 1977, by the affirmative vote of at least three Councilmen, to wit: -2- 4604 AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None t&;1>~~~~ CJ.ty Clerk 0 e ity of ArcadJ.a SIGNED AND APPROVED this 4th day of January, 1977. ~ y ~~~t~~ ayor of the City of Arcadia city Clerk (SEAL) ) -3- 4604 "