Today's Law As Amended


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AB-1459 Murder: peace officers.(2017-2018)



As Amends the Law Today
As Amends the Law on Nov 27, 2017


SECTION 1.
  The Legislature hereby finds and declares all of the following:
(a) Last year, 144 peace officers died in the line of duty in the United States, the highest number in five years.
(b) Nearly one-half of these 144 officers were fatally shot.
(c) In California, 11 officers died in the line of duty last year, a 50-percent increase from the year before.
(d) The Legislature recognizes the dangers faced by the men and women who serve as peace officers in the state.
(e) In enacting this legislation, it is the intent of the Legislature to reiterate that California law protects all victims of violent crime, including when the victim is a peace officer.

SEC. 2.

 Section 189.1 is added to the Penal Code, to read:

189.1.
 (a) The Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer, as defined in Section 830, who was killed while engaged in the performance of his or her duties, where the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, are considered murder of the first degree for all purposes, including the gravity of the offense and the support of the survivors.
(b) This section is declarative of existing law.