Does section 190.41 of the California Code of Civil Procedure apply to a defendant's extrajudicial statement?

California, United States of America

The following excerpt is from People v. Zapien, 17 Cal.Rptr.2d 122, 4 Cal.4th 929, 846 P.2d 704 (Cal. 1993):

7 On June 5, 1990, section 190.41 was enacted by voter initiative (Prop. 115). It provides that "the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of subdivision (a) of Section 190.2 need not be proved independently of a defendant's extrajudicial statement." We have held that section 190.41 applies only to crimes committed after its effective date. (People v. Mickle (1991) 54 Cal.3d 140, 179, fn. 22, 284 Cal.Rptr. 511, 814 P.2d 290; Tapia v. Superior Court (1991) 53 Cal.3d 282, 297-299, 279 Cal.Rptr. 592, 807 P.2d 434.)

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Does section 190.41 of the California Code of Civil Procedure apply to a defendant's extrajudicial statement?

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