California Penal Code

§ 190.1

PEN § 190.1Title 8 · Part 1 · Ch. 1

Statute text

A case in which the death penalty may be imposed pursuant to this chapter shall be tried in separate phases as follows:

(a)The question of the defendant’s guilt shall be first determined. If the trier of fact finds the defendant guilty of first degree murder, it shall at the same time determine the truth of all special circumstances charged as enumerated in Section 190.2 except for a special circumstance charged pursuant to paragraph (2) of subdivision (a) of Section 190.2 where it is alleged that the defendant had been convicted in a prior proceeding of the offense of murder in the first or second degree.

(b)If the defendant is found guilty of first degree murder and one of the special circumstances is charged pursuant to paragraph (2) of subdivision (a) of Section 190.2 which charges that the defendant had been convicted in a prior proceeding of the offense of murder of the first or second degree, there shall thereupon be further proceedings on the question of the truth of such special circumstance.

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Legislative history

Repealed and added November 7, 1978, by initiative Proposition 7, Sec. 4.