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SB-629 Crimes: taking person from lawful custody of peace officer.(2015-2016)

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SB629:v96#DOCUMENT

Senate Bill No. 629
CHAPTER 47

An act to amend Section 405a of, and to repeal Section 405b of, the Penal Code, relating to crimes.

[ Approved by Governor  July 02, 2015. Filed with Secretary of State  July 02, 2015. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 629, Mitchell. Crimes: taking person from lawful custody of peace officer.
Existing law defines a “lynching” as the taking of a person from the lawful custody of a peace officer by means of a riot. Under existing law a person who participates in a lynching is punishable by imprisonment in a county jail for 2, 3, or 4 years.
This bill would provide that the taking of a person from the lawful custody of a peace officer is no longer defined as a “lynching.” This bill would provide that a person who participates in the taking of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment in a county jail for 2, 3, or 4 years.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 405a of the Penal Code is amended to read:

405a.
 A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

SEC. 2.

 Section 405b of the Penal Code is repealed.