This is part three of our ongoing series, California Ballot 2016, summarizing every of the 17 state-wide measures voters will encounter top top the November ballot. Click this links: Props 51-56, or Props 57-61 to catch up top top the various other initiatives. Fine tackle few of the procedures for Los Angeles ar in a later blog.
You are watching: Proposition 66 pros and cons
This time, we’re going come jump the end of order and also summarize Prop 62 and also Prop 66 one ~ the other, together both need to do v California’s fatality penalty – and Props 65 and 67 both problem plastic bag use.
Proposition 62: Justice That functions Act the 2016
Should the California death penalty be repealed? If Prop 62 wins voter approval, best punishment because that criminals will be life imprisonment (instead that execution) there is no parole; be applied retroactively for current death heat inmates; call for those offer life to work while in prison; and also increase victim restitution moneys accrued from sinner wages.Who’s for Prop 62?
Voices sustaining Proposition 62 insurance claim the death penalty mechanism is broken – the 13 detainees executed in California since 1978 cost taxpayers an mean of $384 million per inmate because of constitutionally guaranteed appeals and special accommodations, which add up to 18 times the expense of life sentences. Prop 62 could save California $150 million every year by law away v the fatality penalty.
Some the the bigger names and also organizations supporting Prop 62 include Jimmy and Rosalynn Carter, Bernie Sanders, some previous district attorneys and judges, as well as the California democratic Party, California national Association for breakthrough of colored People, and also California’s Catholic bishops.Who’s against Prop 62?
A group of opponents of Prop 62 are likewise endorsing Prop 66 (more on that one shortly). The Mend, don’t End, California’s fatality Penalty coalition agrees the the system for resources punishment is broken, yet cite justice for victims’ households as a crucial argument for keeping a death penalty.
Though the names aren’t as large as those sustaining 62, there seem to it is in a lot much more opponents provided (just going by proof pages on the particular websites). Several of the adversaries of 62 encompass former state governor Pete Wilson; a totality host of district attorneys; sheriffs’ associations in Los Angeles, Orange County, lengthy Beach, Sacramento, mountain Diego, etc.; taxpayer associations and also others.
Proposition 66: Death penalty Reform and Savings act of 2016
Prop 66 intends to overhaul the mechanism of resources punishment in California rather than repeal it, by incorporating procedural transforms in the appeals process; requiring criminal appellate attorneys to take on death penalty appeals situations (many at this time don’t); and requiring death row inmates to salary restitution come victims’ families.Who’s because that Prop 66?
Again, the Mend, nothing End group is a major supporter the 66 (see adversaries of 62 above). Numerous district attorneys have come out with opinion pieces supporting 66, including this one through Michael Hestrin that Riverside. They claim Proposition 66 will ensure appeals are heard within 5 years the sentencing because defendants will be assigned appellate counsel immediately, provide victim’s families much-needed closure faster, and that the potential $150 million yearly savings come taxpayers is a mere fall in the state budget plan bucket.
Mark Peterson, D.A. For Contra Costa County, claims the current appellate process for death row inmates might run 25 years because of frivolous delay tactics, i m sorry the revolutionary measure will certainly eliminate. This will result in hundreds of millions in savings.Who’s versus Prop 66?
The No on 66 team say this initiative is poorly written, and based on capital punishment legislations in Texas where innocent civilization were erroneously put to death. Additionally, forcing appellate criminal defense counsel come take death row appeals instances will command to further miscarriages of righteousness as countless of these attorneys will certainly be unqualified to relatively represent inmates. It doesn’t end with appellate attorneys – detainees sentenced to death likewise need habeas corpus attorneys to study the lawfulness of arrest and imprisonment in the an initial place – thus increasing the expenses of putting the judge on fatality row.
Opponents come 66 incorporate several state organizations: Democratic and also Libertarian parties, Federation that Teachers, American civil Liberties Union, Academy of Appellate Lawyers, Catholic Conference, etc. Assorted prominent chosen officials and individuals also oppose 66.
Proposition 63: Safety for all Act of 2016
Initially proposed by Lieutenant branch Gavin Newsom, Prop 63 would prohibit the possession of large-capacity ammunition magazines and also would law ammunition sales favor gun sales. Prop 63 would:Subject persons to buy ammunition to background checks and also a department of justice (DOJ) approval process;Require vendors to attain licenses to sell ammo and report sales come the DOJ;Require report to legislation enforcement once firearms and ammo are lost or stolen – this uses to individuals and also vendors;Require certain criminals come relinquish guns, utilizing clear-cut steps to do so;Require far better reporting in between the DOJ and also the National immediate Criminal Background inspect System
Note that some of the requirements and also bans over are already written into California law. Governor Jerry Brown signed numerous gun bills in July – not lengthy after the mountain Bernardino office party shootings in December and also the Orlando nightclub shootings in June.Who’s because that Prop 63?
Those who support safety for every say more than 33,000 world are killed due to the fact that of total violence in America, annually. The initiative closes some loopholes by making criminal prove they turned in their firearms; and also that it addresses plenty of firearm and also ammunition pertains to not regarded the regulation passed in July. (See the Prop 63 Myths vs. Truth sheet for much more info.) Prop 63 supporters additionally claim lift checks have actually historically blocked 2.5 million possibly dangerous individuals from purchase firearms.
Prop 63 has actually endorsements native U.S. Senators Dianne Feinstein and Barbara Boxer, California Secretary the State Alex Padilla, the California autonomous Party, amnesty International, California Federation of Teachers, and also others.Who’s versus Prop 63?
Opponents come the measure insurance claim there will be an extra fee for ammunition purchase background checks, out-of-state and mail stimulate purchases that bullets will be banned, and private sales will certainly be criminalized. Prop 63 opponents also say those who own big magazines will need to uncover buyers out of state or revolve the magazines in to legislation enforcement. Additionally, the measure might force merchants to go the end of business.
The Coalition for much more Civil Liberties, a/k/a/ the California Rifle & Pistol Association, is spearheading the campaign against Prop 63. They are additionally supported through the nationwide Rifle Association, the guns Policy Coalition, concealed Nation, and others.
Proposition 64: Control, Regulate and also Tax Adult use of Marijuana Act (AUMA)
Should Californians 21 and older be allowed to use marijuana recreationally? This initiative:Exempts medical marijuana from taxes;Imposes a 15 percent state taxes on to chat marijuana;Imposes a growing tax of $9.25 per ounce for flowers, and also $2.75 per oz for leaves;Allows for added local taxes;Prevents massive businesses indigenous cashing in on the chop for 5 years;Strictly regulates marijuana marketing; andAllows for resentencing or expunging documents of those convicted of prior marijuana-related crimes.
In 2013, governor Brown signed a law to legalization the growing of commercial hemp, but only if the federal government authorizes says to do so. Production has actually been prohibition by the feds due to the fact that 1957 since it contains low level (relative come marijuana) of tetrahydrocannabinol i beg your pardon is the chemical the induces the “high”.
Because of the commonwealth ban, the U.S. Imports hemp for fiber, food and also fuel products. A grasp of various other states have currently legalized cultivation. Prop 64 gets rid of the problem re commonwealth permission applied in 2013.Who’s because that Prop 64?
The Californians because that Responsible Marijuana Reform case the state tax alone could generate $1 billion annually for California, and that both state and local governments will conserve $100 million by not having actually to pursue legal activity against most marijuana criminal (the main exemption being those driving when impaired). Many of the revenue produced will go to youth substance abuse programs. Additionally, legalizing industrial hemp production will generate extr millions and create jobs.
Support for AUMA comes from the American polite Liberties Union of California, the state’s Conference that the NAACP, the California medical Association, city council Bernie Sanders, Lieutenant branch Gavin Newsom, other chosen officials top top both sides of the aisle and particular members of legislation enforcement.Who’s versus Prop 64?
One group versus AUMA consists of Stop Pot 2016, whch states Prop 64 has a loophole that will allow meth and also heroin dealers to become licensed to offer marijuana; the drug is very dangerous to human being who have not however reached full physical (brain) development; and that just a very couple of can actually benefit from marijuana use. One LA Times editorial insurance claims Proposition 64 is simply a tool to find funding to help fund homelessness programs, and that the earnings via hefty taxes will simply encourage consumer to purchase weed ~ above the black color market.
Opponents the Prop 64 encompass U.S. Senator Dianne Feinstein; state senators Joel Anderson, Cathleen Galgiani and Jim Nielsen; the California Hospital Association, California Associations of Highway Patrolmen and also Police Chiefs; and also other members that crime fighting, political, religious and medical communities.
Proposition 65: Environmental Fee protection Act
Props 65 and 67 can obtain confusing. California prohibition single, plastic bag use 2 years ago, yet a referendum placed that ban on hold, unless you take place to live in a municipality where that half is enforced.
Prop 65 would certainly allocate funds generated from the sale of carry-out bags to the Wildlife Conservation board (WCB). Retailers who market bags would deposit the proceeds to the fund, perhaps tens of millions of dollars, to support certain environmental programs.Who’s because that Prop 65?
Certain teams supporting this initiative case retailers do a $300 million yearly profit ~ above the recycle bags they sell to consumers, and also that this profits must be redirected to beach cleanup, litter removal, etc. Due to the fact that the single-use plastic bag has been banned in most cities, pendant argue that any profits native consumers compelled to to buy bags need to go to eco-friendly causes, particularly if Prop 67 (see below) is passed.
This plan is actually supported by bag manufacturers, follow to KCET, but…a san Francisco Chronicle opinion piece insurance claims bag manufacturers room attempting to confuse voters by putting both Prop 65 and also Prop 67 on the state ballot. Prop 65 additionally seems to be sustained by the California Taxpayer protection Committee and the California an elderly Advocates League.Who’s against Prop 65?
California’s grocer association cases the 10 cent every single-use bag fee barely consists their prices of offering the bags, follow to the Chronicle piece linked above. Additionally, enemies of Prop 65 speak the better choice is to vote yes ~ above Prop 67 instead.
Proposition 67: Referendum come Overturn ban on Single–Use Plastic Bags
Prop 67 looks for to ratify Senate invoice 270 approved in 2014, banning retailers from offering single-use carryout bags for free, though they would be permitted for perishable items like meat, dairy and also produce. But Senate bill 270 was overturned by referendum in 2015 – successfully “bagging” the plastic bag ban till the upcoming choice in November. Prop 67 seeks to reinstate the 2014 half throughout California (remember that specific cities right now enforce a bag ban).Who’s because that Prop 67?
Groups like the Sierra Club and also Heal the Bay space endorsing Proposition 67, stating that much less single-bags mean less pollution. These groups want to half single-use bags for good, which room hardly ever before recycled (less 보다 5 percent), toxicity the ecosystem, and add up to extra costs for consumers.
In addition to high-profile environmental groups, Prop 67 is endorsed by the northern California Recycling Association.Who’s versus Prop 67?
Fight the Plastic Bag Ban states it is a grassroots effort not associated with bag manufacturers. The group cases the referendum to difficulty 2014’s SB 270 was endorsed by voters, moved through via petitions and also signatures; and that approving the ban would create inequality in between consumers – those exempt from purchase bags and also those who must subsidize the price of bags because that the freed shoppers. Additionally, municipalities could proceed to half single-use bags in ~ the neighborhood level.
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Stephen T. Holzer is the Chair the our eco-friendly Practice Group and a business litigation attorney.Disclaimer:This Blog/Web site is made obtainable by the lawyer or law firm publisher for educational functions only, to carry out general information and also a general understanding the the law, not to provide certain legal advice. By using this blog site you know there is no attorney customer relationship in between you and the Blog/Web website publisher. The Blog/Web Site must not be provided as a substitute for obtaining legal advice from a licensed experienced attorney in your state.