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SB-691 Crimes: domestic terrorism.(2017-2018)

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Date Published: 08/28/2017 02:00 PM
SB691:v98#DOCUMENT

Amended  IN  Senate  August 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 691


Introduced by Senator Lara

February 17, 2017


An act to amend Sections 13105 and 13307 of, to add Chapter 3 (commencing with Section 10050) to Part 1 of Division 10 of, and to repeal Section 10226 of, the Elections Code, relating to elections. add Title 11.8 (commencing with Section 423.8) to Part 1 of the Penal Code, relating to domestic terrorism.


LEGISLATIVE COUNSEL'S DIGEST


SB 691, as amended, Lara. Local agency elections: party preference. Crimes: domestic terrorism.
Existing law prohibits the willful interference with the free exercise of any constitutional right of another person because of the race, nationality, gender, disability, sexual orientation, or religion of that person. Existing law prohibits the assault of another person with a deadly weapon. Existing law prohibits the killing of another person, as prescribed.
This bill would prohibit the use of a motor vehicle to willfully stop, disrupt, interfere with or prevent an assembly of people, as defined, and thereby proximately causing death or serious bodily injury, except as specified. By creating a new crime, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law permits the voters of a city to nominate a candidate for an elective office of the city by the signing and filing of nomination papers, as specified. Existing law requires a candidate for an elective office in a local agency to include an affidavit with his or her nomination papers, indicating the candidate’s name, designation, and residence address, as specified.

This bill would additionally require that the candidate disclose his or her party preference, or indicate that he or she declines to disclose a party preference, on the affidavit of the nominee. The bill also would make conforming changes.

(2)Existing law authorizes each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, to prepare a candidate’s statement on an appropriate form provided by the elections official. Existing law prohibits the statement from including the candidate’s party affiliation or membership or activity in partisan political organizations.

This bill would instead authorize a candidate to include his or her party preference or membership or activity in partisan political organizations in his or her candidate’s statement.

(3)Existing law prohibits a ballot for an elective office in any local agency election from including a candidate’s party preference.

This bill would require a ballot for an elective office in a local agency, including any city, county, city and county, or district, to include a candidate’s party preference, as specified. Because this bill would impose additional duties on local elections officials, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would provide that it would become operative only if SCA ____ is approved by the voters.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that the threat of terrorism involving the use of a vehicle to disrupt, prevent, or stop a current or future rally, protest, or other form of assembly is a public safety concern and an unacceptable infringement on the exercise of the constitutional rights of free speech and assembly.

SEC. 2.

 Title 11.8 (commencing with Section 423.8) is added to Part 1 of the Penal Code, to read:

TITLE 11.8. Domestic Terrorism Prevention Act

423.8.
 This title shall be known, and may be cited, as the Domestic Terrorism Prevention Act of 2017.

423.85.
 (a) Any person who wilfully uses a motor vehicle to interfere with, disrupt, or stop an assembly of people or to intimidate or coerce people from forming or participating in an assembly of people, and thereby proximately causes significant or substantial bodily injury to another person shall be punished by imprisonment in the state prison for two, three, or four years.
(b) Any person who violates subdivision (a) in a manner likely to cause death or significant or substantial bodily injury, and proximately causes the death of another person shall be punished by imprisonment in the state prison for a term of life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.
(c) This section does not preclude prosecution under any other provision of law.
(d) This section does not apply to either of the following:
(1) A person who, in reasonable fear for their personal safety, uses a motor vehicle to flee from a violent protest, in a reasonable manner.
(2) A peace officer who, in the performance of his or her duties, uses a motor vehicle in a safe and reasonable manner while attempting to direct, control, or disperse a crowd or respond to an emergency.
(e) For the purposes of this section, an assembly of people means three or more people gathering in a place open to the public for the purpose of expressing, representing, or advocating for a cause or political position, and includes a rally, march, or protest, whether it is organized or spontaneous, and whether or not is has been permitted.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.