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People v. Epps6/27/1986
F-->, subdivision (a)(17) obviously contains no requirement that the death penalty or LWOP be imposed only for intentional, premeditated and deliberate murders. The California Supreme Court has subsequently held that proof of intent to kill was essential to a finding of felony-murder special circumstances under the 1978 death penalty initiative. (Carlos v. Superior Court (1983) 35 Cal. 3d 131 [197 Cal. Rptr. 79, 672 P.2d 862]; People v. Boyd (1985) 38 Cal. 3d 762 [215 Cal. Rptr. 1, 700 P.2d 782].) Appellant suggests that we hold likewise with respect to the elements of premeditation and deliberation, consistent with the prior death penalty law.
Appellant contends the Briggs Initiative omitted the "willful, deliberate, and premeditated" language of the former death penalty statute in order to invoke the punishment of death or LWOP. Appellant then argues, however, that there is nothing in the legislative history of the Briggs Initiative to suggest the omission was for the "purpose of eliminating the requirement that a capital felony murder be premeditated." It is difficult to understand the logic of appellant in this regard. We are bound by the rule of construction that presumes the Legislature "by deleting an express provision of a statute intended a substantial change in the law." (People v. Valentine (1946) 28 Cal. 2d 121, 142 [169 P.2d 1]; People v. Dillon (1983) 34 Cal. 3d 441, 467 [194 Cal. Rptr. 390, 668 P.2d 697].)
Both appellant and respondent agree that the purpose of the Briggs Initiative was to "expand the circumstances under which the death penalty or the punishment of life without possibility of parole could be meted out."
Appellant relies on the arguments in favor of the Briggs Initiative as set forth in the voter's pamphlet (pamphlet) distributed to the electorate in 1978: "Proposition 7 would also apply to the killer of a judge, a prosecutor, or a fireman. It would apply to a killer who murders a citizen in cold blood because of his race or religion or nationality. And, it would apply to all situations which are covered by our current death penalty law." (Ballot Pamp., Gen. Elec., Nov. 7, 1978, p. 34.) Appellant contends that the foregoing suggests that the statute was intended to apply to all special circumstance situations covered by the prior death penalty law. The Briggs Initiative does apply to the same special circumstance situations covered by prior law. However, the initiative specifically omitted the preliminary requirement
that the killing be accompanied by premeditation and deliberation.
The general thrust of the Briggs Initiative is to expand the application of California's death penalty. The most reasonable interpretation of the intent of the Briggs Initiative is that it specifically deleted the requirement that felony murder be premeditated and deliberate in order to greatly expand application of the death penalty in California. This view is supported by the California Attorney General's summary of the Briggs Initiative and the California Legislative Analyst's Review of the Briggs Initiative. (Ballot Pamp., supra, p. 32.)
Appellant argues that because the Supreme Court read into the Briggs Initiative the requirement that the defendant must possess an intent to kill under the felony-murder special circumstance, the same conclusion must be reached with respect to the question of the defendant's deliberation and premeditation. In Carlos, the Supreme Court concluded that the new death pen
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