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SB-618 Peace officers: perjury.(2019-2020)

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Date Published: 02/22/2019 09:00 PM


Senate Bill No. 618

Introduced by Senator Stone

February 22, 2019

An act to amend Section 118.1 of the Penal Code, relating to perjury.


SB 618, as introduced, Stone. Peace officers: perjury.
Under existing law, the knowing and intentional making of false statements by a peace officer, in specified reports filed with their employing agency is a crime punishable by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for 1, 2, or 3 years.
This bill would instead make that offense a felony, punishable by imprisonment for 2, 3, or 4 years, as specified.
By changing the penalty for a crime, this bill 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 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 118.1 of the Penal Code is amended to read:

 (a) Every peace officer who files any report with the agency which employs him or her their employing agency regarding the commission of any crime or any investigation of any crime, if he or she and knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report report, a felony, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. This pursuant to subdivision (h) of Section 1170, for two, three, or four years.
(b) This section shall not apply to the contents of any statement which the peace officer attributes in the report to any other person.

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.