is there a death penalty in california

Yes, California still has the death penalty as a legal punishment on the books, but there is currently a moratorium (temporary halt) on all executions, so no one is being put to death right now.

What the law says

California law still allows capital punishment for certain aggravated murders, like killings of police officers, multiple murders, murders during certain felonies, or murders involving torture or terrorism. Judges can still sentence people to death, and the state maintains a death row at San Quentin State Prison (though inmates are being moved out as part of a broader plan).

So legally, the death penalty exists and can be imposed by courts.

The current moratorium

On March 13, 2019, Governor Gavin Newsom signed an executive order that:

• Halts all executions in California while he is governor.

• Grants a reprieve (temporary delay) to every person on death row.

• Orders the dismantling of the execution chamber at San Quentin and the repeal of the state’s lethal injection protocol.

This means that, even if someone is sentenced to death today, the state will not carry out an execution as long as the moratorium is in place.

What’s happening now (2025–2026)

• No executions are happening. California hasn’t executed anyone since 2006, and the moratorium continues under Governor Newsom.

• Death row is shrinking. Many people are being resentenced to life without parole (often through appeals, settlements, or new laws), and others are dying of natural causes or illness while incarcerated.

• The law hasn’t been abolished. Voters rejected a full repeal (Prop 62) in 2016, and instead passed Prop 66, which kept the death penalty but tried to speed up appeals. So the death penalty remains in the Penal Code, even though it’s not being carried out.

What would change this?

The moratorium is tied to the governor’s term; a future governor could:

• Lift the moratorium and resume executions (if courts allow it).

• Or, the legislature and voters could formally abolish the death penalty and replace it with life without parole as the maximum punishment.

For now, though, California has a death penalty in law, but not in practice.

Bottom line:
Yes, the death penalty is still legal in California, but there is a governor- ordered moratorium that stops all executions while it’s in effect.