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AB-955 Bribery.(2017-2018)

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Date Published: 04/04/2017 09:00 PM
AB955:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 955

Introduced by Assembly Member Jones-Sawyer

February 16, 2017

An act to amend Sections 85 and 86 of the Penal Code, relating to body-worn cameras. bribery.


LEGISLATIVE COUNSEL'S DIGEST


AB 955, as amended, Jones-Sawyer. Body-worn cameras: peace officers. Bribery.
Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to give or offer to give a bribe to a Member of the Legislature, to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or to attempt by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member. Existing law also makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years and subject to a specified fine, for those members to ask, receive, or agree to receive, any bribe, as specified, or to give, or offer or promise to give, any official vote in consideration that another member shall give this vote either upon the same or another question.
This bill would increase the term of imprisonment in the state prison to 5, 6, or 7 years for those crimes.

Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.

This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to body-worn cameras.

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

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


SECTION 1.

 Section 85 of the Penal Code is amended to read:

85.
 Every person who gives or offers to give a bribe to any a Member of the Legislature, any to a member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is guilty of a felony punishable by imprisonment in the state prison for two, three or four five, six, or seven years.

SEC. 2.

 Section 86 of the Penal Code is amended to read:

86.
 Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four five, six, or seven years and, in cases in which no bribe has been actually received, by a restitution fine of not less than four thousand dollars ($4,000) or not more than twenty thousand dollars ($20,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or four thousand dollars ($4,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or twenty thousand dollars ($20,000), whichever is greater.
In imposing a fine under this section, the court shall consider the defendant’s ability to pay the fine.

SECTION 1.

It is the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to a body-worn camera worn by a peace officer.