Could Newsom’s commutations reopen death penalty debate?

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Hello and welcome back to Capitol Confidential! 

Happy Friday.

Several blockbuster ballot measures (I’m looking at you, Prop 40) have yet to be called. Some appear settled, with large margins and a majority of the vote counted. Other races, including a few state legislature races, remain neck-and-neck early Friday. It’s about that time when the adrenaline wears off and results feel painfully slow, especially as major races in other parts of the country are done and dusted. 

Gov. Gavin Newsom announced yesterday that he will commute the death sentences of all 548 of the state’s condemned inmates to life in prison without parole — a history-making move. 

The governor’s decision, though shocking in its breadth, was consistent with his long-standing opposition to the death penalty. Newsom had issued a moratorium on executions a few months after he was first elected governor in 2018, and has long been vocal about his abhorrence of the death penalty. 

In 2016, voters in the state had their chance to abolish the practice entirely with Prop 62. The measure, which would have replaced death sentences for murder with life in prison without the possibility of parole, failed at the ballot box. Nearly 54% of voters opposed the measure.

Voters also passed another measure that year, Prop 66, to speed up the execution process with 51%, though portions of the law were later invalidated in court.

As the Chronicle reported, Newsom said during his 2018 campaign for governor that he would affirm voters’ will in choosing not to abolish the death penalty. But as a Catholic, he has long wrestled over the moral implications of the issue. 

"California voters have voted to keep the death penalty on the books, and I respect that," Newsom wrote in an open letter explaining his decision. "I recognize the limits of this clemency action, which does not repeal the death penalty and is limited to commuting California’s current death sentences."

His commutation comes amid a renewed national reckoning with the death penalty that could further support new discussions in the Legislature. Americans are still reeling from a botched execution in Tennessee and the Trump administration’s decision to walk-back its idea of livestreaming a federal execution.

But legislative leaders have been hesitant to commit to a renewed ballot measure fight, which would need the support of the incoming governor. 

Governor-elect Xavier Becerra, who is also Catholic, has committed to extending Newsom’s moratorium. 

In a recent Chronicle interview, he wouldn’t say whether he would go further by endorsing a ballot measure to end the death penalty or taking other steps to change the policy.

Assembly member Ash Kalra, D-San Jose, said it’s still too early to know if the commutation will lead the legislature to renew efforts on a death penalty ballot measure, but said he’s hoping it will encourage further work on criminal justice reform.

He said he also hopes the governor’s move will encourage more conversation about the death penalty itself, both in the state and nationally. 

“The reality is a majority of countries in the world outlawed the death penalty a long time ago. And so California, by having these commutations put in place, is showing a moral consistency with most people,” Kalra said. “I'm just really excited that it happened because I think it does place us in a position to have those conversations.”

Kalra authored California’s Racial Justice Act in 2020, AB2542, which allows criminal defendants to challenge a conviction or sentence that may have been affected by their race or ethnicity. 

A follow-up law by Kalra, AB1071, allows the Racial Justice Act to be used to challenge past cases, including pending death sentences. It was signed into law last year. 

Assembly Member Nick Schultz, D-Burbank, is chair of the Assembly Committee on Public Safety — a key legislative body where any death penalty legislation would need to be heard. He has been vocal about his opposition to the death penalty, and applauded Newsom’s decision. 

“The Legislature and our courts will undoubtedly grapple with this issue in the years ahead,” he said in a statement. “And it’s imperative that we base our actions on a thorough examination of the facts, a shared understanding of morality, and the true and comprehensive meaning of justice for all.”

Meta, TikTok and Google filed lawsuits against the state on Wednesday attempting to block a new law set to take effect in January that would require age verification features for social media users under 16. 

The law, AB1709 by Assembly Member Josh Lowenthal, D-Long Beach, bars social media companies from letting children under 16 use versions of their websites with “addictive” elements, including autoplay and other features designed to keep a user on the platform or encourage compulsive use.