Drop LWOP Coalition Statement on Senate Bill 94

As a member of the Drop LWOP Coalition and a co-sponsor of Senate Bill 94, Felony Murder Elimination Project wants to thank all of our supporters for their advocacy in helping us to advance this common-sense legislation.

After years of incredibly inspiring advocacy, we are disappointed to share that SB 94, authored by Senator Dave Cortese (SD15), did not pass this year. This legislation would have allowed people sentenced to life-without-the-possibility-of-parole (LWOP), whose offense occurred prior to June 5, 1990, and who have served at least 25 years, to petition the courts for a review of mitigating factors and post-conviction history.

We want you to know that Senator Cortese and his staff, the co-sponsoring organizations for the legislation, the DROP LWOP Coalition, and our broader community inside and outside of prison have been fighting tooth and nail to pass this bill. Although the bill didn’t pass, we got further than we ever have before. We remain fully committed to continuing our fight for meaningful legislation to reform LWOP sentencing!

The challenges to reforming LWOP are very real. In particular, there is the traditional, formidable opposition of law enforcement forces and those who are aligned with them, who do not want to see any reforms in the criminal justice arena and certainly not any regarding LWOP. Despite these obstacles, Senator Cortese was able to get the bill passed by the full Senate in 2023. Because this was a presidential election year, one of the most difficult political climates to pass progressive reforms in, a preliminary vote count suggested that SB 94 could pass the Assembly if there were further amendments to the bill. Unfortunately, the clock ran out before we could confirm the votes to pass both the amendments and the final floor vote.

This was the furthest we have ever gotten with an adult LWOP bill. We knew from the beginning that changing LWOP wouldn't be easy. LWOP was cemented onto the California Constitution by several ballot measures voted on by the California electorate. One ballot measure in particular, Proposition 115, stripped judges of their ability to strike any special circumstance after June 5, 1990. Thus, we had to craft SB 94 as a bill impacting people who were sentenced before June 6, 1990. Despite these challenges, we made several foundational gains. The public is more aware of this draconian sentence, and we were able to get significant favorable exposure through articles such as the pro-SB 94 editorial in the Los Angeles Times.

Our relentless lobbying educated lawmakers more than any time in the past. We mobilized people all over California to educate their communities and contact their legislators. We know we are shifting the public view of LWOP! It was also extremely important to have people who are currently serving the LWOP sentence and formerly incarcerated people who survived LWOP help craft responses to the opposition and describe to legislators and constituents what living with the sentence is like. People with the lived experience of the LWOP sentence will always be at the center of our legislative efforts and campaigns.

We cannot and will not give up! The DROP LWOP coalition continues to be dedicated to eliminating the LWOP sentence in California! The legislative co-sponsor coalition is regrouping and exploring the best options going forward. We will continue to urge the governor to commute people serving LWOP and other extreme sentences, and we will strenuously advocate to expand resentencing for people with LWOP and support those who are trying to use existing resentencing opportunities. 

We hope that you will continue to join us in the fight to end LWOP and all forms of extreme sentencing!

In solidarity,

The DROP LWOP Coalition

SB 94 Co-Sponsors:

Anti-Recidivism Coalition (ARC), California Coalition for Women Prisoners (CCWP), Californians United for a Responsible Budget (CURB), Center For Employment Opportunities (CEO), Drop LWOP Coalition, Ella Baker Center for Human Rights (EBC), Families Against Mandatory Minimums (FAMM), Felony Murder Elimination Project, FUEL (Families United to End LWOP), & the Sister Warriors Freedom Coalition (SWFC).