Section 190.1 Of Chapter 1. Homicide From California Penal Code >> Title 8. >> Part 1. >> Chapter 1.
190.1
. A case in which the death penalty may be imposed pursuant to
this chapter shall be tried in separate phases as follows:
(a) The question of the defendant's guilt shall be first
determined. If the trier of fact finds the defendant guilty of first
degree murder, it shall at the same time determine the truth of all
special circumstances charged as enumerated in Section 190.2 except
for a special circumstance charged pursuant to paragraph (2) of
subdivision (a) of Section 190.2 where it is alleged that the
defendant had been convicted in a prior proceeding of the offense of
murder in the first or second degree.
(b) If the defendant is found guilty of first degree murder and
one of the special circumstances is charged pursuant to paragraph (2)
of subdivision (a) of Section 190.2 which charges that the defendant
had been convicted in a prior proceeding of the offense of murder of
the first or second degree, there shall thereupon be further
proceedings on the question of the truth of such special
circumstance.
(c) If the defendant is found guilty of first degree murder and
one or more special circumstances as enumerated in Section 190.2 has
been charged and found to be true, his sanity on any plea of not
guilty by reason of insanity under Section 1026 shall be determined
as provided in Section 190.4. If he is found to be sane, there shall
thereupon be further proceedings on the question of the penalty to be
imposed. Such proceedings shall be conducted in accordance with the
provisions of Section 190.3 and 190.4.