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AB-1451 Crimes: obstruction of justice.(2021-2022)



Current Version: 03/18/21 - Amended Assembly Compare Versions information image


AB1451:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1451


Introduced by Assembly Member Lackey

February 19, 2021


An act to amend Section 13500 of the Penal Code, relating to the Commission on Peace Officer Standards and Training. An act to amend Section 146e of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1451, as amended, Lackey. Commission on Peace Officer Standards and Training. Crimes: obstruction of justice.
Existing law makes it a crime to maliciously, and with the intent to obstruct justice or the due administration of laws, or with the intent or threat to inflict imminent bodily harm in retaliation for the due administration of the laws, to publish, disseminate, or otherwise disclose the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, including an elected or appointed official, or that of the spouse or children of those persons, as specified.
This bill would broaden this crime to include taking those actions with the intent to cause intimidation, harassment, as defined, or a threat to inflict bodily harm in retaliation for the due administration of laws. The bill would also make this crime apply to those actions taken against the immediate family, as defined, of any of the officials listed above, and would make the crime apply to the release of a license plate or description of the vehicle of any of those individuals. By expanding the scope of a crime, this bill would create 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 establishes within the Department of Justice the Commission on Peace Officer Standards and Training and requires the commission to adopt rules establishing minimum standards regarding the recruitment and training of peace officers.

This bill would make a technical, nonsubstantive change to those provisions.

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

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


SECTION 1.

 Section 146e of the Penal Code is amended to read:

146e.
 (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to cause intimidation, harassment, or threat to inflict imminent physical bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address address, telephone number, license plate, or telephone number a description of the vehicle of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children immediate family of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, is guilty of a misdemeanor.
(b) A violation of subdivision (a) with regard to any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or the spouse or children immediate family of these persons, that results in bodily injury to the peace officer, nonsworn police dispatcher, employee of the city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Harasses” means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(2) “Immediate family” means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(c)For purposes of this section, “public safety official” is

(3) “Public safety official” has the same meaning as defined in Section 6254.24 of the Government Code.

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.
SECTION 1.Section 13500 of the Penal Code is amended to read:
13500.

(a)There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of 15 members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate. Racial, gender, and ethnic diversity shall be considered for all appointments to the commission.

(b)The commission shall be composed of the following members:

(1)Two members shall be (i)sheriffs or chiefs of police or peace officers nominated by their respective sheriffs or chiefs of police, (ii) peace officers who are deputy sheriffs or city police officers, or (iii) a combination thereof.

(2)Three members shall be sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police.

(3)Four members shall be peace officers of the rank of sergeant or below with a minimum of five years’ experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. Each member shall have demonstrated leadership in the recognized employee organization having the right to represent the member, as set forth in the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code.

(4)One member shall be an elected officer or chief administrative officer of a county in this state.

(5)One member shall be an elected officer or chief administrative officer of a city in this state.

(6)Two members shall be public members who shall not be peace officers.

(7)One member shall be an educator or trainer in the field of criminal justice.

(8)One member shall be a peace officer in California of the rank of sergeant or below with a minimum of five years experience as a deputy sheriff, city police officer, marshal, or state-employed peace officer for whom the commission sets standards. This member shall have demonstrated leadership in a California-based law enforcement association that is also a presenter of POST-certified law enforcement training that advances the professionalism of peace officers in California.

(c)In addition to the members of the commission appointed pursuant to subdivisions (a) and (b), the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint a commission member who is not a peace officer. The two appointees shall each have demonstrated expertise in one or more of the following areas:

(1)Implicit and explicit bias.

(2)Cultural competency.

(3)Mental health and policing.

(4)Work with vulnerable populations, including, without limitation, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

(d)The Attorney General shall be an ex officio member of the commission.

(e)All members of the commission shall serve for a term of three years and until appointment and qualification of their successors, each term to commence on the expiration date of the term of the predecessor.