Murder: special circumstances.

Existing law imposes the penalty on a defendant found guilty of murder in the first degree of death or imprisonment in the state prison for life without the possibility of parole, if one or more enumerated special circumstances are found to be true. Existing law includes in these special circumstances, among other things, that the victim was intentionally killed because of his or her race, color, religion, nationality, or country of origin. This bill would additionally include among those special circumstances that the victim was intentionally killed because of his or her sexual orientation or gender, as defined. By increasing the punishment for a crime, this would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.