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AB-750 Crimes: perjury.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB750:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 750


Introduced by Assembly Member Jones-Sawyer

February 16, 2021


An act to amend Section 68014 of the Education Code, relating to postsecondary education. repeal and add Section 118.1 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 750, as amended, Jones-Sawyer. Postsecondary education: student residency requirements. Crimes: perjury.
Existing law prohibits a peace officer from making a false statement in a peace officer report, as specified. Existing law exempts from this prohibition any statement in a report that is attributed to a third party. Under existing law, a violation of this prohibition is punishable as either a misdemeanor or a felony.
This bill would additionally make it a crime for a peace officer to make a false statement to another peace officer if that statement is included in a peace officer report. The bill would clarify that the exemption for third party statements does not apply when a peace officer includes a statement in a peace officer report to present the statement as being true.
By expanding the scope of an existing 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.

Existing law expresses the intent of the Legislature that public institutions of higher education shall apply uniform rules in determining whether a student shall be classified as a resident or a nonresident. Existing law defines “parent” for purposes of student residency requirements.

This bill would make a nonsubstantive change to the provision defining “parent.”

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

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


SECTION 1.

 Section 118.1 of the Penal Code is repealed.
118.1.

Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she 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 punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. 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.

 Section 118.1 is added to the Penal Code, to read:

118.1.
 (a) Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.
(b) This section does not apply to the contents of any statement that a peace officer includes in a peace officer report and attributes to any other person, unless the peace officer knows that statement to be false and is including the statement to present the statement as being true.

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.
SECTION 1.Section 68014 of the Education Code is amended to read:
68014.

“Parent” means the parent with whom the minor resides; or, if both parents are deceased, the minor’s legal guardian.