Brosnahan v. Brown

651 P.2d 274, 32 Cal. 3d 236, 186 Cal. Rptr. 30, 1982 Cal. LEXIS 222

• Court: California Supreme Court
• Decided: September 2, 1982
• Docket: S.F. 24441
• Status: Published

Opinions

Opinion

RICHARDSON, J.

We consider multiple constitutional challenges to an initiative measure which was adopted by the voters of this state at the June 1982 Primary Election. Designated on the ballot as Proposition 8 and commonly known as “The Victims’ Bill of Rights,” this initiative incorporated several constitutional and statutory provisions which were directed, in the words of the measure’s preamble, towards “ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system to fully protect those rights .. .. ” (Cal. Const., art. I, § 28, subd. (a).)

Petitioners are three taxpayers and voters who assert various constitutional defects in the manner Proposition 8 was submitted to the voters, and who object to the expenditure of public funds to implement it. Respondents are certain public officials and courts charged with the responsibility of implementing, enforcing or applying the new measure.

In an earlier, related proceeding, we ordered the measure to be placed on the primary election ballot, reserving for our further consideration the substantive issues herein presented pending the outcome of the election. (Brosnahan v. Eu (1982) 31 Cal.3d 1, 4 [181 Cal.Rptr. 100, 641 P.2d 200].) The present petition, seeking writs of mandate or prohibition, was originally filed in the Court of Appeal. On motion of respondent Attorney General, we transferred the cause to this court. (Rule 20, Cal. Rules of Court.) It is uniformly agreed that the issues are of great public importance and should be resolved promptly. Accordingly, under well settled principles, it is appropriate that we exercise our original jurisdiction. (See Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 219 [149 Cal.Rptr. 239, 583 P.2d 1281] [hereafter Amador]; Clean Air Constituency v. California State Air Resources Bd. (1974) 11 Cal.3d 801, 808-809 [114 Cal.Rptr. 577, 523 P.2d 617].)

Our inquiry here is limited, framed in the following manner by the petition itself: “This petition for extraordinary relief attacks neither the merits nor the wisdom of the [initiative’s] multiple proposals. Petitioners challenge only the manner in which those proposals were submitted to the voters .At this time we neither consider nor anticipate possible attacks, constitutional or otherwise, which in the future may be directed at the various substantive changes effected by Proposition 8. As in Amador, we examine here “only those principal, fundamental challenges to the validity of [Prop. 8] as a whole .... ‘Analysis of the problems which may arise respecting the interpretation or application of particular provisions of the act should be deferred for future cases in which those provisions are more directly challenged.’ [Citation.]” (Amador, 22 Cal.3d at p. 219.) We will conclude that, notwithstanding the existence of some unresolved uncertainties, as to which we reserve judgment, the initiative measure under scrutiny here survives each of petitioners’ four constitutional objections.

Preliminarily, we stress that “it is a fundamental precept of our law that, although the legislative power under our constitutional framework is firmly vested in the Legislature, 'the people reserve to themselves the powers of initiative and refetendum.’ (Cal. Const., art. IV, § 1.) It follows from .this that, ‘“[the] power of initiative must be liberally construed ... to promote the democratic process.”’ [Citations.]” (Amador at pp. 219-220, italics added.) Indeed, as we so very recently acknowledged in Amador, it is our solemn duty jealously to guard the sovereign people’s initiative power, “it being one of the most precious rights of our democratic process.” (Id., at p. 248.) Consistent with prior precedent,. we are required to resolve any reasonable doubts in favor of the exercise of this precious right. (Ibid.)

Bearing in mind these fundamental principles, we next summarize the basic provisions of Proposition 8. As in Amador, we caution that our summary description and interpretation of the measure by no means preclude subsequent challenges to the legality of its provisions, apart from the specific constitutional issues resolved herein. (Id., at p. 220.)

I. Summary of Proposition 8

As previously noted, the measure denominated “The Victims’ Bill of Rights,” accomplishes several^ changes in the criminal justice system in this state for the purpose of protecting or promoting the rights of victims of crime. Thus, section 28 is added to article I of the California Constitution, section 12 of article I (relating to the right to bail) is repealed, and certain additions are made to the Penal and Welfare and Institutions Codes. The primary changes or additions are as follows:

a. Preamble; Victims’ Rights and Public Safety

Section 28, subdivision (a), is added to article I of the state Constitution expressing a “grave statewide concern” to enact “safeguards in the criminal justice system” for the protection of victims of crime. The preamble recites generally that the rights of victims include, among others, the right to restitution for financial losses, and the expectation that felons will be “appropriately detained in custody, tried by the courts, and sufficiently punished so that public safety is protected and encouraged . . . In addition, the provision states that “[s]uch public safety extends to public . . . school campuses, where students and staff have the right to be safe and secure in their persons.” The preamble concludes by observing that “broad reforms in the procedural treatment of accused persons and the disposition and sentencing of convicted persons are necessary and proper as deterrents to criminal behavior and to serious disruption of people’s lives.”

b. Restitution

Section 28, subdivision (b), is added to the Constitution to assure generally that persons who “suffer losses as a result of criminal activity shall have the right to restitution” from the persons convicted of those crimes. “Restitution shall be ordered ... in every case, . .. unless compelling and extraordinary reasons exist to the contrary.”

c. Safe Schools

Section 28, subdivision (c), declares the “inalienable right” of public school students and staff “to attend campuses which are safe, secure and peaceful.”

d. Truth-in-evidence

Section 28, subdivision (d), provides that (except as provided by statutes enacted by a two-thirds vote of both houses of the Legislature) “relevant evidence shall not be excluded in any criminal proceeding .... ” The provision applies equally to juvenile criminal proceedings, but does not affect “any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code, Sections 352, 782 or 1103,” or rights of the press.

e. Bail

Section 28, subdivision (e), relates to bail and replaces repealed section 12 of article I. The new provision requires that “primary consideration” be given to “public safety,” and authorizes the judge or magistrate to consider “the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing” in ruling on bail matters. In addition, the provision forbids release on one’s “own recognizance” of a person charged with any “serious felony” (see Pen. Code, § 1192.7, subd. (c)). (As noted below, all or part of subd. (e) may not have taken effect because of the passage of a competing measure (Prop. 4) by a larger vote.)

f. Prior Convictions

Section 28, subdivision (f), permits the unlimited use in a criminal proceeding of “any prior felony conviction” for impeachment or sentence enhancement, and requires proof thereof “in open court” when the prior conviction is an element of any felony offense.

g. Diminished Capacity; Insanity

The addition of section 25 to the Penal Code abolishes the defense of diminished capacity (subd. (a)); places upon the defendant who pleads insanity the burden of proving his or her incapability of “knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense” (subd. (b)); and permits consideration of evidence of diminished capacity or mental disorder “only at the time of sentencing or other disposition or commitment” (subd. (c)).

h. Habitual Criminals

Section 667 is added to the Penal Code to require that persons convicted of a “serious felony” receive a sentence enhancement of five years for each prior conviction of such a felony “on charges brought and tried separately. The terms of the present offense and each enhancement shall run consecutively.” (Subd. (a).)

i. Victim’s Statements

New sections 1191.1 and 3043 in the Penal Code, and section 1767 in the Welfare and Institutions Code, permit the victim of any crime or the next of kin the right to prior notice of, and to attend, all sentencing proceedings (subd. (a)), or parole eligibility or parole setting hearings in criminal (subd. (b)) or Youth Authority (subd. (c)) proceedings. The victim or next of kin may appear and “express his or her views concerning the crime and the person responsible.” The sentencing or parole authority shall consider these views in making its decision and shall state “whether the person would pose a threat to public safety” if granted probation or released on parole.

j. Plea Bargaining

Section 1192.7 is added to the Penal Code to prohibit plea bargaining if the indictment or information charges “any serious felony” or any offense of driving while intoxicated, “unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.” (Subd. (a).) Subdivision (c) contains a list of the various offenses deemed to be “serious felonies.”

k. Sentencing to Youth Authority

The addition of section 1732.5 to the Welfare and Institutions Code provides that no person convicted of murder, rape or other “serious felony” committed when he or she was 18 years or older shall be committed to Youth Authority.

l. Mentally Disordered Sex Offenders

New section 6331 of the Welfare and Institutions Code renders “inoperative” the article dealing with mentally disordered sex offenders (MDSOs). (As this article was repealed in 1981, the initiative does not appear to accomplish any change in the law.)

m. Severability

Section 10 of the initiative recites that if any section or clause thereof is held invalid, such invalidity shall not affect any remaining provisions which can be given effect without the invalid provision.

n. Amendments

A two-thirds vote of both houses of the Legislature is required to amend most of the statutory provisions adopted by Proposition 8.

Having summarized its principal elements, we examine petitioners’ four challenges to the validity of Proposition 8.

II. The Single Subject Rule

Our Constitution provides that “An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” (Art. II, § 8, subd. (d).) In determining whether a measure “embrac[es] more than one subject,” we have previously held that “an initiative measure does not violate the single-subject requirement if, despite its varied collateral effects, all of its parts are ‘reasonably germane’ to each other,” and to the general purpose or object of the initiative. (Amador, 22 Cal.3d at p. 230, italics added; see Fair Political Practices Com. v. Superior Court (1979) 25 Cal.3d 33, 38-39 [157 Cal.Rptr. 855, 599 P.2d 46] [hereafter FPPC]; Perry v. Jordan (1949) 34 Cal.2d 87, 90-92 [207 P.2d 47].)

In Amador, for example, we upheld a four-pronged taxation measure which limited real property tax rates and assessments and restricted state and local taxes, on the ground that such restrictions were reasonably germane to the general subject of property tax relief. (22 Cal.3d at .) Even more recently in FPPC, we rejected a single-subject challenge to a lengthy political reform measure which contained the following multiple complex features: (1) establishment of a fair political practices commission; (2) creation of disclosure requirements for candidates’ financial supporters; (3) limitation on campaign spending; (4) regulation of lobbyist activities; (5) enactment of conflict of interest rules; (6) adoption of rules relating to voter pamphlet summaries of arguments; (7) location of the ballot position of candidates; and (8) specification of auditing and penalty procedures to aid in the act’s enforcement. (See 25 Cal.3d at p. 37.)

In FPPC, we reemphasized that the single subject rule is to be “construed liberally,” and that “Numerous provisions, having one general object, if fairly indicated in the title, may be united in one act.” (Id., at p. 38, italics added.) In amplification, we used this language in FPPC in describing the overriding principle which controls our disposition of the single-subject attack against Proposition 8: “Consistent with our duty to uphold the people’s right to initiative process, we adhere to the reasonably germane test and, in doing so, find that the measure before us complies with the one subject requirement .... In keeping with the policy favoring the initiative, the voters may not be limited to brief general statements but may deal comprehensively and in detail with an area of law.” (25 Cal.3d at p. 41, italics added.)

Our own precedent is both venerable and current. While FPPC is only three years old, its underlying thesis was enunciated by us fifty years ago. In FPPC we cited with approval Evans v. Superior Court (1932) 215 Cal. 58, 61-62 [8 P.2d 467]. Evans is most instructive. We there upheld the adoption, in a single act, of extensive probate legislation consisting of one thousand and seven hundred sections covering a wide spectrum of topics within the general “area” of “probate law,” which sections previously were contained in part in several codes and statutes. This “one general object” included such disparate subjects as the essential elements of wills, the rights of succession, the details of the administration and distribution of decedents’ estates, and the procedures, duties, and rights of guardianships of the persons and estates of minors and incompetents. (215 Cal. at p. 61.) Despite the extremely broad sweep of this legislation, we concluded that all of these matters were “reasonably germane” to the general object of the legislation and did not embrace more than a single subject. Expanding on this concept, in Evans, we said “The legislature may insert in a single act all legislation germane to the general subject as expressed in its title and within the field of legislation suggested thereby. [Citation.] Provisions which are logically germane to the title of the act and are included within its scope may be united. The general purpose of a statute being declared, the details provided for its accomplishment will be regarded as necessary incidents. [Citations.] ... A provision which conduces to the act, or which is auxiliary to and promotive of its main purpose, or has a necessary and natural connection with such purpose is germane within the rule. [Citation.]” (Pp. 62-63.)

On the basis of the foregoing authorities, it is readily apparent that Proposition 8 meets the “reasonably germane” standard. Each of its several facets bears a common concern, “general object” or “general subject,” promoting the rights of actual or potential crime victims. As explained in the initiative’s preamble, the 10 sections were designed to strengthen procedural and substantive safeguards for victims in our criminal justice system. These changes were aimed at achieving more severe punishment for, and more effective deterrence of, criminal acts, protecting the public from the premature release into society of criminal offenders, providing safety from crime to a particularly vulnerable group of victims, namely school pupils and staff, and assuring restitution for the victims of criminal acts.

Just as Evans, Amador and FPPC upheld broad and multifaceted “reform” measures pertaining to the subjects of probate, property taxation, and politics, respectively, Proposition 8 constitutes a reform aimed at certain features of the criminal justice system to protect and enhance the rights of crime victims. This goal is the readily discernible common thread which unites all of the initiative’s provisions in advancing its common purpose.

Focusing on the initiative’s “safe schools” provision, petitioners contend that it concerns an entirely unrelated matter, isolated from criminal behavior, and therefore embraces a separate subject. Petitioners argue specifically that the right to safe schools is an undefined, amorphous concept which could encompass such diverse hazards as acts of nature, acts of war, environmental risks, or building code violations. A careful look at the preamble of Proposition 8 refutes this contention. New article I, section 28, subdivision (a), of the Constitution recites that the enactment of laws “ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system ... is a matter of grave statewide concern. The rights of victims pervade the criminal justice system,” and include not only reimbursement for losses from “criminal acts” but also the expectation that “persons who commit felonious acts” shall be detained, tried and punished “so that the public safety is protected.” (Italics added.) The preamble then continues, “Such public safety extends to public .. . school campuses, where students and staff have the right to be safe and secure in their persons.” The preamble further concludes that “broad reforms ... are necessary and proper as deterrents to criminal behavior.” (Italics added.) Clearly, the right to safety encompassed within article I, section 28, subdivision (c), was intended to be, is aimed at, and is limited to, the single subject of safety from criminal behavior.

We are reinforced in our conclusion that Proposition 8 embraces a single subject by observing that the measure appears to reflect public dissatisfaction with several prior judicial decisions in the area of criminal law. As explained in the ballot argument favoring Proposition 8, “This proposition will overcome some of the adverse decisions by our higher courts,” which had created “additional rights for the criminally accused and placed more restrictions on law enforcement officers.” (Ballot Pamp., Proposed Amends, to Cal. Const, with arguments to voters, Prim. Elec. (Jun. 8, 1982), argument in favor of Prop. 8, p. 34.) While we might disagree with both the accuracy of this premise and the overall wisdom of the initiative measure, nonetheless, it is not our function to pass judgment on the propriety or soundness of Proposition 8. In our democratic society in the absence of some compelling, overriding constitutional imperative, we should not prohibit the sovereign people from either expressing or implementing their own will on matters of such direct and immediate importance to them as their own perceived safety. (See Amador, pp. 228-229.)

Petitioners, however, would engraft upon the “reasonably germane” test of Evans, Amador and FPPC a further requirement that the several provisions of an initiative measure must be “interdependent. ” Petitioners argue that, unlike the “interlocking” relationship of the various elements of the tax reform measure upheld in Amador (see 22 Cal.3d at p. 231), Proposition 8 contains disparate provisions covering a variety of “unrelated” matters such as school safety, restitution, bail, diminished capacity, and the like.

No preceding case has ever suggested that such interdependence is a constitutional prerequisite. In Evans, for example, we carefully explained that “Numerous provisions, having one general object, if fairly indicated in the title, may be unified in one act. Provisions governing projects so related and interdependent as to constitute a single scheme may be properly included within a single act. [Citation.] The legislature may insert in a single act all legislation germane to the general subject as expressed in its title and within the field of legislation suggested thereby. [Citation.]” (215 Cal. at pp. 62-63, italics added.)

In context, it is obvious that Evans’ reference to interdependence merely illustrated one type of multifaceted legislation which would meet the single subject test. Significantly, as noted, in Evans we upheld extensive probate legislation concerning such diverse and unrelated topics as the rights of intestate succession, the powers of guardians over the persons and estates of incompetent persons, and the sale and leasing of estate property, on the express ground that all of these provisions “have one general object.” (P. 65.)

Moreover, in Amador, while acknowledging that the provisions of the tax measure under scrutiny were “interdependent” and “interlocking” (22 Cal.3d at p. 231), we did not suggest that any such relationship was essential to the measure’s validity. Indeed, immediately preceding the foregoing observation, we had stated that the property tax initiative satisfied both the traditional reasonably germane test and the so-called “functional relationship” test which was proposed in the dissent in Schmitz v. Younger (1978) 21 Cal.3d 90, 97-100 [145 Cal.Rptr. 517, 577 P.2d 652] (dis. opn. by Manuel, J.). (See 22 Cal.3d at p. 230.) Thus, petitioners’ assumption that Amador requires that an initiative’s several provisions be “interdependent” is incorrect.

Finally, as previously indicated, in FPPC we upheld a comprehensive political reform package despite the lack of any apparent “interdependence” of many of its varied provisions. Thus, for example, the section of the initiative denying an incumbent a favored position on the ballot (Gov. Code, § 89000) clearly did not “interlock” with the separate provisions mandating every administrative agency to adopt a conflict of interest code (id., §§ 87300-87312). Similarly, and quite obviously, neither of the foregoing portions of the initiative was in any sense in a “dependent” relationship with another section of the initiative which established that “the election precinct of a person signing a statewide petition shall not be required to appear on the petition when it is filed with the county clerk” (id., § 85203). Each of these diverse provisions, while generally related to a political reform program, clearly would not have satisfied a strict “interdependence” test.

Petitioners, sensing the evident inconsistency between FPPC and their own present position, characterize the FPPC lead opinion as a mere “plurality” opinion entitled to little weight. Yet six of the seven justices in that case voted to sustain the multifaceted provisions of the Fair Political Practices Act against a single-subject attack. It was only Justice Manuel who dissented on this point. His observations regarding the act’s multifarious character and his conceptual differences with his six colleagues are very revealing for, in his view: “The regulation of the election process, no matter how broadly defined, has little to do with the regulation of the day-to-day activities of lobbyists. The adoption of codes governing conflicts of interest in all state agencies ... is yet another matter. Although each of these might conceivably form a part of a unified legislative program directed toward the policy objective of ‘political reform,’ each concerns an entirely different and discrete subject.” (25 Cal.3d at p. 57; italics in original.)

If Justice Manuel’s characterization of the Fair Political Practices Act is accurate, and if we are to follow our own precedent, our holding in FPPC necessarily controls the disposition of the present case, for on their face the various provisions of Proposition 8 certainly are no less germane, interdependent or interrelated than the provisions of the statute which we so recently sustained in FPPC against a similar single-subject attack.

Petitioners argue that because Proposition 8 is designed to protect the rights of potential as well as actual victims of crime, its objective somehow thereby becomes too broad. Yet surely the Fair Political Practices Act which we readily upheld in FPPC was subject to the same criticism, for it too was aimed at protecting the general citizenry in their role as potential victims of political corruption. Obviously, the fact that a multifaceted measure seeks to protect the general public from harm (whether from present or future criminal acts, political corruption or excessive taxation) presents no constitutional impediment to its validity.

Petitioners speculate that the multiplicity of Proposition 8’s provisions enhanced the danger of election “logrolling,” whereby certain groupings of voters, each constituting numerically a minority, but in aggregate a majority, may approve a measure which lacks genuine popular support in order to secure the benefit of one favored but isolated and severable provision. Yet, as we emphasized in FPPC, such a risk “is inherent in any initiative containing more than one sentence or even an ‘and’ in a single sentence unless the provisions are redundant .... [1i] The enactment of laws whether by the Legislature or by the voters in the last analysis always presents the issue whether on balance the proposed act’s benefits exceed its shortcomings.” (25 Cal.3d at p. 42.) Indeed, almost all laws whether enacted by a legislature or adopted directly by the people through an initiative contain both benefits and burdens. The decision to enact laws, whether directly by the people or through their representatives, involves the weighing of pros and cons. The resolution of few public issues is free from this balancing process and exercise of choices.

As in FPPC, so in Amador we rejected the contention that the single-subject rule requires a showing that each one of a measure’s several provisions was capable of gaining voter approval independently of the other provisions. We expressed our conclusion that “Aside from the obvious difficulty of ever establishing satisfactorily such ‘independent voter approval,’ this standard would defeat many legitimate enactments containing isolated, arguably ‘unpopular,’ provisions reasonably deemed necessary to the integrated functioning of the enactment as a whole. We avoid an overly strict judicial application of the single-subject requirement, for to do so could well frustrate legitimate efforts by the people to accomplish integrated reform measures.” (Amador, 22 Cal.3d at p. 232.)

One commentator, examining the purpose of the rule within this context, has noted that “The one-subject rule . .. attacks log-rolling by striking down unnatural combinations of provisions in acts—those dealing with more than one subject—on the theory that the best explanation for the unnatural combination is a tactical one—log-rolling.” (Ruud, “No Law Shall Embrace More Than One Subject” (1958) 42 Minn.L.Rev. 389, 408.) It is highly unlikely that Proposition 8 was the product of any logrolling whatever, because it contains no “unnatural combination” of provisions on unrelated subjects which might suggest an inordinate vote-getting scheme on behalf of the proponents. All of the provisions are designed to protect victims of crime and partake of a common consistent theme, namely, to strengthen or tighten the laws in aid of crime’s victims. The measure is singularly unsusceptible to such “logrolling” criticism.

Finally, petitioners insist that the complexity of Proposition 8 may have led to confusion or deception among voters, who were assertedly uninformed regarding the contents of the measure. Yet, as was the case in both Amador and FPPC, Proposition 8 received widespread publicity. Newspaper, radio and television editorials focused on its provisions, and extensive public debate involving candidates, letters to the editor, etc., described the pros and cons of the measure. In addition, before the election each voter received a pamphlet containing (1) the title and summary prepared by the Attorney General, (2) a detailed analysis of the measure by the Legislative Analyst, and (3) a complete “Text of the Proposed Law.” This text contained the entirety of the 10 sections of the Victims’ Bill of Rights and included in “strikeout type” the text of former article I, section 12, of the Constitution. Each voter also was given written arguments in favor of Proposition 8 and rebuttal thereto, and written arguments against Proposition 8 and rebuttal thereto. (See Amador, 22 Cal.3d at pp. 231, 243-244; FPPC, 25 Cal.3d at p. 42.)

Moreover, as we stated in FPPC in disposing of an identical contention that the measure was too complicated, “Our society being complex, the rules governing it whether adopted by legislation or initiative will necessarily be complex. Unless we are to repudiate or cripple use of the initiative, risk of confusion must be borne.” (Ibid.)

Petitioners’ entire argument that, in approving Proposition 8, the voters must have been misled or confused is based upon the improbable assumption that the people did not know what they were doing. It is equally arguable that, faced with startling crime statistics and frustrated by the perceived inability of the criminal justice system to protect them, the people knew exactly what they were doing. In any event, we should not lightly presume that the voters did not know what they were about in approving Proposition 8. Rather, in accordance with our tradition, “we ordinarily should assume that the voters who approved a constitutional amendment '... have voted intelligently upon an amendment to their organic law, the whole text of which was supplied each of them prior to the election and which they must be assumed to have duly considered.'’'" (Amador, supra, at pp. 243-244, italics added; see Wright v. Jordan (1923) 192 Cal. 704, 713 [221 P. 915].)

There are those rare occasions similar to that which prompted the people’s adoption of the single-subject initiative rule in 1948 (Cal. Const., art. II, § 8, subd. (d)) in which our intervention is justified. The proposed initiative may be so all encompassing, so multifaceted as to demand a conclusion of unconstitutionality. We faced such a measure in McFadden v. Jordan (1948) 32 Cal.2d 330 [196 P.2d 787], in which 21,000 words were proposed to be added to 15 of the 25 constitutional articles. This initiative dealt with such widely disparate subjects as gambling, civic centers, mining, fishing, city budgets, liquor control, senate reapportionment, and oleomargarine. We concluded that the measure constituted an improper revision of our constitutional scheme. In McFadden, we likewise could not fairly and reasonably have decided that any single subject was served by such a grabbag of social, political, economic and administrative enactments. Proposition 8 is manifestly not such a measure.

For all of the foregoing reasons, we conclude that Proposition 8 does not violate the single-subject requirement of article II, section 8, subdivision (d), of the California Constitution.

We do not suggest, of course, that initiative proponents are given blank checks to draft measures containing unduly diverse or extensive provisions bearing no reasonable relationship to each other or to the general object which is sought to be promoted. The single-subject rule indeed is a constitutional safeguard adopted to protect against multifaceted measures of undue scope. For example, the rule obviously forbids joining disparate provisions which appear germane only to topics of excessive generality such as “government” or “public welfare.” In the present case, however, we merely respect this court’s liberal interpretative tradition, notably expressed in Evans, Amador, and FPPC, of sustaining statutes and initiatives which fairly disclose a reasonable and common sense relationship among their various components in furtherance of a common purpose.

III. Validity of Statutory Amendments

Petitioners contend that the proponents of Proposition 8 failed in several particulars to comply with the constitutionally mandated procedure for amending statutes. Article II, section 8, subdivision (b), of the state Constitution requires that the initiative measure petition set forth “the text of the proposed statute or amendment to the Constitution .It is uncontradicted that the proponents of the measure complied with this provision. Petitioners rely, however, upon article IV, section 9, which provides that “A statute shall embrace but one subject, which shall be expressed in its title. If a statute embraces a subject not expressed in its title, only the part not expressed is void. A statute may not be amended by reference to its title. A section of a statute may not be amended unless the section is re-enacted as amended.” (See also Elec. Code, §§ 3571, 3572; Gov. Code, §§ 88000, 88002, requiring that the ballot pamphlets disclose the text of any existing statutory provisions sought to be repealed or amended.)

The foregoing provision, containing a “single subject” rule applicable to statutes, also forbids amending a statute “by reference to its title” and “unless the section is re-enacted as amended.” Petitioners assume that this language “requires that if a statute is to be altered, the language of the statute must be fully set forth together with the changes proposed. Reference to sections, title or codes is not sufficient.” According to petitioners, Proposition 8 violated this requirement by failing to describe or identify (1) the provisions in the Welfare and Institutions Code rendered “inoperative” by the adoption of section 6331 of the code (dealing with the commitment of mentally disordered sex offenders); (2) the language of article I, section 12, of the Constitution (pertaining to right to bail) repealed by section 2 of Proposition 8; and (3) the provisions of the Evidence Code (and other codes) amended or repealed by the adoption of article I, section 28, subdivision (d), of the Constitution (forbidding the exclusion of “relevant evidence”). Petitioners list 26 statutory provisions which they suggest were “sub silentio amended to be inapplicable in criminal trials.”

a. Repeal of MDSO Statute

As previously noted, Proposition 8 added section 6331 to the Welfare and Institutions Code. The section declares “inoperative” the “article” within which section 6331 is contained, but fails to identify the text of that article. As we have explained, however, the entire article dealing with MDSOs was repealed in 1981 (Stats. 1981, ch. 928, § 2) and the Legislative Analyst observed in the voters’ pamphlet that new section 6331 is superfluous and “has no effect.” (Ballot Pamp., supra, p. 55.) Assuming that this conclusion is correct, the section being a nullity, any procedural defect in adopting that section must be deemed harmless, especially in view of the severability clause (§ 10) in Proposition 8.

b. Bail Amendment

Proposition 8 added a new provision to the Constitution regarding the right to release on bail or on one’s own recognizance. (Cal. Const., art. I, § 28, subd. (e).) The previous bail provision (art. I, § 12) was repealed. Petitioners contend that the initiative measure was defective in failing to set out in full the text of the repealed provision. Several reasons persuade us otherwise.

First, nothing in article IV, section 9, requiring reenactment of statutes, purports to affect constitutional amendments such as those before us; by its terms this provision refers to the amendment of a “statute.”

Next, we observe that the voters’ pamphlet for the June 1982 primary contained a “Text of Proposed Law” which set forth the entire text of former article I, section 12, in “strikeout type,” indicating that this provision would be “deleted” by Proposition 8. We may fairly assume that the voters duly considered the text set forth in the voters’ pamphlet prior to casting their vote. (Amador, 22 Cal.3d at pp. 231, 243-244.)

Finally, as previously noted, it may be that a substantial part of the bail provisions of Proposition 8 never took effect. We are advised that Proposition 4 on the June 1982 ballot received a greater number of votes than Proposition 8, in which event Proposition 4 would prevail as to those matters inconsistent with the latter measure. (See Cal. Const., art. XVIII, § 4.) Accordingly, any procedural defect in adopting the bail provisions of Proposition 8 would be harmless to a large extent and would not affect the remaining, severable provisions of the measure.

c. Repeal of Statutes by Implication

Petitioners contend that Proposition 8 is void to the extent that it amends or repeals by implication various statutory provisions not identified (by section number, title or text) in the measure. In advancing this argument petitioners point to new article I, section 28, subdivision (d), of the Constitution, which provides that, with the exception of the several statutory exceptions specified therein, “relevant evidence shall not be excluded in any criminal proceeding .. .

Initially, we question whether the provisions of article IV, section 9, of the state Constitution apply to constitutional amendments (such as new art. I, § 28) which have the effect of amending or repealing statutes. The purpose of these procedural limitations was described by us in People v. Western Fruit Growers (1943) 22 Cal.2d 494, 500-501 [140 P.2d 13]: “In the absence of such a provision [forbidding amendment of a statute ‘by reference to its title’ and requiring ‘re-enactment’ as amended] legislative bodies commonly amended an act or a section of it by directing the insertion, omission or substitution of certain words, or by adding a provision, without setting out the entire context of the section as amended. [Citations.] The objection to this method of amendment was the uncertainty and difficulty of correctly reading the original section as later changed. [11] To avoid the mischief inherent in the mechanics of this legislative process, the People of California imposed certain requirements upon the Legislature, but the provision should be reasonably construed and limited in its application to the specific evil which it was designed to remedy. It is not to be technically measured, nor used as a weapon for striking down legislation which may not reasonably be said to have been enacted contrary to the specified method. [Citations.]” (Italics added; see also Scott A. v. Superior Court (1972) 27 Cal.App.3d 292, 294-295 [103 Cal.Rptr. 683]; Estate of Henry (1941) 64 Cal.App.2d 76, 82 [148 P.2d 396].)

In Wallace v. Zinman (1927) 200 Cal. 585, 590-591 [254 P. 946, 62 A.L.R. 1341], the court held that the subject/title requirements of the predecessor (art. IV, § 24) to the provision under scrutiny here applied to both legislative and initiative measures. The measure in Wallace, however, was not a constitutional amendment which, as we recognized in that case, “need not conform” to the provisions of former section 24. (Id., at p. 593.)

Furthermore, we expressly held more recently that this same predecessor provision was inapplicable to constitutional amendments which were adopted by initiative. (Prince v. City & County of S.F. (1957) 48 Cal.2d 472, 475 [311 P.2d 544].) As we stated in Prince, “Article IV of the Constitution deals with the ‘Legislative Department’ and section 24 is intended to be and has been limited to legislative enactments under the Constitution. [Citations.]” Therefore, because the “truth-in-evidence” provision of Proposition 8 is contained in a constitutional amendment (art. I, § 28, subd. (d)), that provision is not governed by the requirements of article IV, section 9.

Moreover, even were we to assume that the provisions of article IV, section 9, controlled constitutional amendments which themselves “amend” a statute, Proposition 8 did not amend any statute or section of a statute within the meaning of that provision. The measure added new sections to the Penal Code and the Welfare and Institutions Code, and may also have repealed or modified by implication only preexisting statutory provisions. Article IV, section 9, was not intended to apply in such a situation. (Harris v. Fitting (1937) 9 Cal.2d 117, 120 [69 P.2d ]; Evans v. Superior Court, supra, 215 Cal. 58, 65-66; Matter of Coburn (1913) 165 Cal. 202, 211 [131 P. 352]; Hellman v. Shoulters (1896) 114 Cal. 136, 151-153 [44 P. 915, 45 P. 1057]; Spencer v. G.A. MacDonald Constr. Co. (1976) 63 Cal.App.3d 836, 850 [134 Cal.Rptr. 78]; Estate of Henry, supra, 64 Cal.App.2d 76, 82; cf. Scott v. Superior Court, supra, 27 Cal.App.3d 292, 294-295 [invalid statutory attempt to amend “any provision of law” specifying 21 years as the age of majority].)

Evans, again, is illustrative. As we have previously noted, the Legislature adopted the Probate Code (Stats. 1931, ch. 281, p. 587) in a single enactment consisting of approximately 1,700 different sections. After rejecting a “single subject” challenge, we considered whether the act was void for failure to “publish at length” any prior acts or sections “on the ground that they were revised or amended.” (P. 65.) We held that the enactment was “a new and original piece of legislation. Its terms are not revisory or amendatory of any former act. Consequently, the provisions of the Constitution requiring that revised or amended laws shall be ‘published at length as revised or amended’ does not apply, even though the provisions of the Probate Code may be inconsistent with existing statutes .... While the act does not expressly refer to other acts and repeal them in terms, it does repeal them by necessary implication. [Citation. ] ... [T]he section (sec. 24, art. IV) ‘does not apply to amendments by implication.’ [Citation.]” (215 Cal. at pp. 65-66, italics added.)

It may be true, as petitioners state, that Proposition 8 has amended or repealed, by implication, various statutory provisions not specified in the text of that measure. Yet as we pointed out long ago in Hellman, supra, “To say that every statute which thus affects the operation of another is therefore an amendment of it would introduce into the law an element of uncertainty which no one can estimate. It is impossible for the wisest legislator to know in advance how every statute proposed would affect the operation of existing laws.” (114 Cal. at p. 152, italics added.) Similarly, it would have been wholly unrealistic to require the proponents of Proposition 8 to anticipate and specify in advance every change in existing statutory provisions which could be expected to result from the adoption of that measure.

We conclude that Proposition 8 did not violate article IV, section 9, of the California Constitution.

IV. Effect on Essential Governmental Functions

Petitioners’ third challenge is that Proposition 8 is invalid as an impermissible impairment of “essential government functions.” They rely on cases which hold as a general proposition that “The initiative ... is not applicable where ‘the inevitable effect would be greatly to impair or wholly destroy the efficacy of some other governmental power, the practical application of which is essential ....’ [Citations.]” (Simpson v. Hite (1950) 36 Cal.2d 125, 134 [222 P.2d 225], italics added; see Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 143, 144 [130 Cal.Rptr. 465, 550 P.2d 1001] [mere “speculative consequences” are insufficient].) We assume, for purposes of discussion, that the principles of these cases (which involve local initiative or referendum measures) are equally applicable to measures of statewide application.

Petitioners conjure several supposed consequences of Proposition 8 which “will severely impair the functioning of the courts, the Department of Corrections and the public school system.” As will appear, however, none of these consequences is as inevitable as petitioners suggest. Indeed, we may assume that the courts and other agencies, interpreting and applying the various provisions of Proposition 8, will approach their task with a view toward preserving, rather than destroying, the essential functions of government.

First, petitioners predict that the measure’s restrictions upon plea bargaining will have a “most damaging effect” upon already crowded court calendars. Even assuming that this prediction is accurate, we cannot accept petitioners’ underlying premise that an initiative measure which, as a collateral effect, may aggravate court congestion is void under the Simpson principle. In Simpson we examined an initiative measure which would have directly prevented a local board of supervisors from designating a site for court buildings. We stressed that, among other adverse effects, such an initiative “could interfere with the functioning of the courts by depriving them of the quarters which the supervisors were bound to, and in good faith sought to, furnish.” (36 Cal.2d at p. 133; see also Geiger v. Board of Supervisors (1957) 48 Cal.2d 832, 839 [313 P.2d 545] [referendum inapplicable to repeal local sales and use tax]; Chase v. Kalber (1915) 28 Cal.App. 561, 569-570 [153 P. 397] [referendum inapplicable to repeal street improvement ordinance].) No such constricting effect on court operations is herein presented. While plea bargaining may well be a useful device in reducing court congestion, unlike a courthouse it is really not an essential prerequisite to the administration of justice. Moreover, any effect upon the criminal justice system from restrictions upon plea bargaining would be largely speculative and would not appear on the face of Proposition 8. That measure’s conditional prohibition against plea bargaining appears to apply only to the postindictment or postinformation stage, and only with respect to “serious felonies” as defined therein. Bargaining may continue with respect to lesser offenses. Moreover, even as to serious felonies, bargaining may proceed if material witnesses or evidence become unavailable, or if the plea would not substantially reduce the expected sentence. Finally, the Legislature by a two-thirds vote may restore plea bargaining in all cases.

For similar reasons, we reject petitioners’ assertion that a “breakdown of the justice system” will inevitably result from (1) giving crime victims an opportunity to appear in both felony and misdemeanor cases, and (2) imposing greater punishment on defendants whose multiple offenses are tried separately. Assuming arguendo that petitioners’ characterization of the legal effect of Proposition 8 is correct in these respects, any supposed “breakdown” is wholly speculative. Unlike petitioners, we cannot presume that most crime victims will accept the opportunity (and accompanying embarrassment and inconvenience) of testifying at misdemeanor trials, or that most prosecutors will forego the obvious concrete advantages of consolidated trials in the hope of securing an aggravated term for “habitual” offenders.

Petitioners next predict that Proposition 8’s more severe sentencing provisions will increase California’s prison population to an extent exceeding the state budget for prison expenditures. Again, the point is entirely conjectural; one might as readily argue that the measure will deter persons who otherwise might resort to crime, thereby reducing the prison population. Either contention involves pure guesswork and, in any event, we find no authority for the proposition that an initiative measure may be declared invalid solely by reason of the high financial cost of implementing it.

Finally, petitioners assert that Proposition 8’s creation of a “right of safety” for students and staff of public schools “might very well herald the end of public education as we know it.” Petitioners suggest that enforcement of the right of safety might entail substantial increased expenditures for school security guards, safety devices, and payments of tort damages and legal fees at the cost of books, equipment, and more traditional operational and maintenance expenses. Yet the implementation of comparably broad constitutional rights, such as the right to pursue and obtain “safety” (Cal. Const., art. I, § 1) has not produced any such financial ruin. In any event, we need not speculate on these matters for, as we have indicated, the mere possibility that implementation of Proposition 8 might entail substantial additional public funding is not a proper ground for invalidating the measure.

We conclude that Proposition 8 does not on its face constitute an undue impairment of essential governmental functions under the Simpson rule.

V. Constitutional Revision or Amendment

Petitioner’s final argument is that Proposition 8 is such a “drastic and far-reaching” measure as to constitute a “revision” of the state Constitution rather than a mere “amendment” thereof. Faced with an identical argument in Amador, we acknowledged, “although the voters may accomplish an amendment by the initiative process, a constitutional revision may be adopted only after the convening of a constitutional convention and popular ratification or by legislative submission to the people.” (22 Cal.3d at p. 221; see Cal. Const., art. XVIII.)

In evaluating this contention, we employ a dual analysis, examining both the quantitative and qualitative effects of Proposition 8 upon our constitutional scheme. (Amador, 22 Cal.3d at p. 223.)

On its face, the measure has a limited quantitative effect, repealing only one constitutional section (art. I, § 12, right to bail), and adding another (art. I, § 28, right to restitution, safe schools, truth-in-evidence, bail and use of prior convictions). We are satisfied that such a change is not “so extensive ... as to change directly the ‘substantial entirety’ of the Constitution by the deletion or alteration of numerous existing provisions ... .” (Ibid.; see Livermore v. Waite (1894) 102 Cal. 113, 118-119 [36 P. 424].)

From a qualitative point of view, while Proposition 8 does accomplish substantial changes in our criminal justice system, even in combination these changes fall considerably short of constituting “such far reaching changes in the nature of our basic governmental plan as to amount to a revision . ... ” (Amador, 22 Cal.3d at p. 223, italics added; see McFadden v. Jordan, supra, 32 Cal.2d 330, 348.)

In urging that Proposition 8 effects a constitutional revision petitioners envision two significant consequences from the measure’s limitation upon plea bargaining and its creation of a right to safe schools: (1) the inability of the judiciary to perform its constitutional duty to decide cases, particularly civil cases; and (2) the abridgement of the constitutional right to public education. As we have already indicated, however, petitioners’ forecast of judicial and educational chaos is exaggerated and wholly conjectural, based primarily upon essentially unpredictable fiscal or budgetary constraints. In Amador, we discounted similar dire predictions that the adoption of article XIII A of the state Constitution (Prop. 13 on the June 1978 primary ballot) would result in a loss of “home rule” and the conversion of our governmental framework from “republican” to “democratic” in form. (22 Cal.3d at p. 224.) We observed that “nothing on the face of the article” compels such results (p. 225), nor confirms that the article “necessarily and inevitably” will produce those feared results (p. 226).

It is further suggested that because of its reference to various sections of the Evidence Code and Penal Code, Proposition 8 thereby somehow delegates to the Legislature the power to make future constitutional amendments merely by amending the provisions of those statutes.

No such amendments have as yet taken place, of course, and the propriety or validity of any such amendment poses questions which are not presently before us. Moreover, no authority is cited for the proposition that the Constitution may not incorporate by reference the terms of an existing statute, or authorize the Legislature to define terms or modify rules upon which constitutional provisions are based. A random inspection of the Constitution readily reveals the fallacy of these arguments. There is ample contrary precedent. (As to the first proposition, see, e.g., art. IV, § 28, subd. (a); art. XIX, §§ 7, 9, and as to the second, see, e.g., art. II, § 3; art. XII, § 3; art. XIII, § 3 subd. (k).)

For the above reasons, nothing contained in Proposition 8 necessarily or inevitably will alter the basic governmental framework set forth in our Constitution. It follows that Proposition 8 did not accomplish a “revision” of the Constitution within the meaning of article XVIII.

VI. Conclusion

In Associated Home Builders, etc., Inc. v. City of Livermore (1976) 18 Cal.3d 582, 591 [135 Cal.Rptr. 41, 557 P.2d 473, 92 A.L.R.3d ], Justice Tobriner, referring to the law creating the initiative and referendum procedures, said; “Drafted in light of the theory that all power of government ultimately resides in the people, the amendment speaks of the initiative and referendum, not as a right granted the people, but as a power reserved by them. Declaring it ‘the duty of the court to jealously guard this right of the people’ [citation], the courts have described the initiative and referendum as articulating ‘one of the most precious rights of our democratic process’ [citation]. ‘[I]t has long been our judicial policy to apply a liberal construction to this power wherever it is challenged in order that the right be not improperly annulled. If doubts can reasonably be resolved in favor of the use of this reserve power, courts will preserve it.’ [Citations.]” (Ibid., fns. omitted.)

Consistent with our firmly established precedent, we have jealously guarded this precious right, giving the initiative’s terms a liberal construction, and resolving reasonable doubts in favor of the people’s exercise of their reserved power. We conclude that Proposition 8 survives each of the four constitutional challenges raised by petitioners.

The alternative writ previously issued is discharged and the peremptory writ is denied.

Newman, J., Kaus, J., and Reynoso, J., concurred.