and marc klaas, victims advocate. founder of the klaas kids foundation.nk you both for being here. michael, why should people vote yes on this? >> proposition 36 was drafted by prosecutors of the biggest counties, los angeles and santa clara to make a modest common sense reform to three strikes law. people that have committed non-serious, nonviolent third strike crimes. we will change the permit you get a big sentence, punishment. but life sentences is what we are currently doing in california, i don't think it was intended when they passed the three strikes law in 1994 and it's not effective in reducing crime in california. it's overcrowding our prisons. u.s. supreme court has already ruled that our prisons are unconstitutionally overcrowded. >> cheryl: you have a button on your shoulder. marc klaas i remember your case. >> polly klaas was kidnapped and individual that was did it was violent offender had been out of prison for six months that prompted the three strikes law which was in fact a law before the people voted upon it eight months later. to say

on the other side, child safety advocate marc klaas. >> let's be real. these guys out. >> his daughter polly was kplap kidnapped and murdered by richard allen davis. >> these are serial killers and cop killers and baby killers. these are individuals without korns. if we start executing these guys on death row, there people out there that are going to think twice. >> justice can move slowly. in 34 years just 13 executions. the last to die, clarence ray allen in 2006. 26 years of appeals reportedly cost taxpayers $761,000. >> why would we spend so much money on a handful of individuals who are sitting in the cell over at sant quentin who will more likely die in that cell than be executed. they are already caught. they are no longer a public safety threat. >> they argue death penalty savings could be spent fighting crime. prop 34 calls for a fund to solve murders and rapes. important for public safety because statewide 46% of homicides and 56% of reported rapes remain unsolved. by eliminating death row, the analysts said we will save more than $100 million

advocates lamarckmarc klaas.. to know exactly what is going on, as far as what their rights are part >> the voter initiative " jessica slot is preventing parolees from living 200 ft. from living near a school but that has nothing to do with being on school grounds. this is a lot that needs to be changed. >> it needs to be impossible for them to be on school grounds for any circumstances by eliminating the letter altogether or requiring school administrators to notify the parents of the children of these schools. when they do allow one of these sex offenders onto school grounds for volunteering or in any capacity. " jessica's law " is the voter approved initiativ with rep prevents parolees from living within 2,000 ft. of a school or a park. >> justin is live and daly city were working crews are trying to make sure that this mud slide is not repeat. >> they are door and all they can to make sure that this is not take over the neighborhood. these bales of hay along this street side and also they are doing everything

getting any wage hikes at all no not only creates in their take home pay yet and another thing marc klaas. and sharon and i'm sure they would agree with me on this you have to factor in taxes gosh illinois taxes my income taxes went up from three to five percent you know that's two percentage points were right out of my paycheck home and yet you know across the board sales taxes are going up look at california right now it's got a post out of the other day talking about a temporary tax and rates for something i've got seven or twelve they're going to grave you know temporary seven years. as dogs are damper right taxes keep going up yeah that's not factored into the c.p.i. up right so you know we don't get wages you know. groceries you go to the grocery store all of a sudden you're paying six percent per on tax and groceries well you're panicking yeah yeah and you know that's two percent that's your in the might be your entire salary right just going up you know increase taxes right so you know that's not factored into c.p.i. that's not it's back there down to really a way to assert to say

the child's rate advocate mark klaas says that this needs to be changed. >> there needs to be an altercation lot of not letting them on altercation to this-law of zero tolerance for either to let the parents know. >> some are even asking why there is any exceptions. it is typically for a. that has had a previous sex charge but they need to be on premises for a teacher. conference. dan kerman, kron 4. >> the coach is resting after an irregular heart rate. he is expected to be back at practice tomorrow. team officials say that jim harbaugh sought medical attention after he felt ill after he got this minor procedure done at stanford. about what is going on to cause this condition of an irregular heart rate is not clear if he is going to spend the night. this is previously, as is hard charging a passionate way east. he does not hold back on his the motions. and he has been the coach for the 49ers for the past 1.5 years and before that, and nfl player and a stanford coach. at the training camp, or earlier on thursday players were also talking about the situation. >> i set right by him in meetings

it was after the polly klaas case.let's do something about it. >> let's fix it, cheap -- make it cheap -- fix it, make it cheaper. >> yes. >> we'll be back with you randy. thank you. >>> it was a big night for sporters of -- supporterses of gay marriage. supporters of gay marriage. >>> two ballot measures legalizing recreational marijuana, they passed in colorado and washington state. the washington state's initiative 502 would create a system of state license in marijuana growers and retail stores where adults would be able to buy up to an ounce of marijuana. it also sets up a blood test limit for driving under the influence. many people experts expect the justice department to try to block this by suing. and 62% of voters voted no on measure c. >>> 7:55. sal has an accident. >> it was dark when this happened. some car went off the roadway. a terrible accident. three people were taken to the hospital. nine cars were involved. let's go to a live picture now. 880 southbound. 280 downtown is a mess. we'll get to more of

there's also richard allen davis, accused of killing and kidnapping pauly klaas of petaluma and thenhard ramirez, known as the night stalker. he went on a sexual assault and murderous rampage in california in the '80s. these are the people who will be moved out of death row but it's still questionable about where they will go in the prison sentence. i did speak to jean woodard, a former san quentin warden, and oversaw four executions. she has a reason why she thinks it will pass now. >> and then 75 more had their sentences overturned after years of sitting on death row and years of wasteful spending on appeals. really do we want to spend our criminal justice dollars in that way or do we want to use that money for improves lives for all californians? >> reporter: human right organizations support it but a lot of law enforcement agencies do not. reporting live at the yes on prop 34 party, linda yee cbs5. >> linda, thank you for that. we'll be right back. we',, kzo >>> we're live here in san jose at the south bay labor council where about 50 people are phone banking. calling people as w