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SB-1066 Crimes: obstruction of justice.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
SB1066:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1066

Introduced by Senator Galgiani

February 18, 2020

An act to amend Section 146e of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 1066, as introduced, Galgiani. Crimes: obstruction of justice.
Existing law makes it a crime to maliciously, and with the intent to obstruct justice or the due administration of laws, or with the intent or threat to inflict imminent bodily harm in retaliation for the due administration of the laws, to publish, disseminate, or otherwise disclose the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children of those persons, as specified.
This bill would broaden this crime to include taking those actions with the intent to cause intimidation, harassment, as defined, or a threat to inflict bodily harm in retaliation for the due administration of laws. The bill would also make this crime apply to those actions taken against an elected or appointed official, or the immediate family, as defined, of any of the officials listed above, and would make the crime apply to the release of a license plate or description of the vehicle of any of those individuals. By expanding the scope of a crime, this 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 146e of the Penal Code is amended to read:

146e.
 (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to cause intimidation, harassment, or threat to inflict imminent physical bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number address, telephone number, license plate, or a description of the vehicle of any elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children immediate family of these persons who reside with them, while designating the elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, is guilty of a misdemeanor.
(b) A violation of subdivision (a) with regard to any elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or the spouse or children immediate family of these persons, that results in bodily injury to the elected or appointed official, peace officer, nonsworn police dispatcher, employee of the city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.

(c)For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code.

(c) For the purposes of this section, the following terms have the following meanings:
(1) “Elected or appointed official” has the same meaning as defined in subdivision (f) of Section 6254.21 of the Government Code.
(2) “Harasses” means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(3) “Immediate family” means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(4) “Public safety official” has the same meaning as defined in Section 6254.24 of the Government Code.

SEC. 2.

 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.