FOLLOWING A REVIEW OF EVENTS IN CALIFORNIA SINCE THE FURMAN DECISION (1972) IN THE U.S. SUPREME COURT AND THE ANDERSON DECISION (1972) IN THE CALIFORNIA SUPREME COURT, THE CONSTITUTIONAL SAFEGUARDS NECESSARY FOR ANY NEW DEATH PENALTY BILL ARE EXAMINED. IN 1973 CALIFORNIA ENACTED A MANDATORY DEATH PENALTY BILL WHICH WAS INVALIDATED BY U.S. SUPREME COURT DECISIONS INVOLVING OTHER STATES. AT THE REPORTED HEARING PROSECUTORS URGE THE ASSEMBLY TO DRAFT A NEW, NONMANDATORY BILL CONSISTENT WITH LEGISLATION UPHELD BY THE U.S. SUPREME COURT. EXPERTS IN TRIAL LAW DISCUSS THE PROBLEMS INHERENT IN ANY DEATH PENALTY BILL AND PRESENT FIGURES WHICH INDICATE THAT IN THE PAST SUCH PENALTIES HAVE BEEN APPLIED UNFAIRLY. THE SPECIAL PROBLEMS ENCOUNTERED AS THE RESULT OF CALIFORNIA SUPREME COURT DECISIONS ARE CITED. BRIEF COMPARISONS ARE MADE WITH SITUATIONS IN OTHER STATES. AN APPENDIX LISTS ALL CASES CITED DURING THE TESTIMONY. (GLR)