BILL NUMBER: SB 923 CHAPTERED 09/10/01 CHAPTER 282 FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2001 APPROVED BY GOVERNOR SEPTEMBER 8, 2001 PASSED THE SENATE AUGUST 23, 2001 PASSED THE ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JULY 19, 2001 AMENDED IN SENATE MAY 7, 2001 INTRODUCED BY Senator McPherson FEBRUARY 23, 2001 An act to amend Sections 68, 86, and 93 of the Penal Code, relating to bribery. LEGISLATIVE COUNSEL'S DIGEST SB 923, McPherson. Bribery: punishment. Existing law makes it a crime punishable by imprisonment in the state prison for 2, 3, or 4 years for any executive or ministerial officer, employee or appointee of the State of California, county or city or political subdivision of this state or any member of either of the houses composing the Legislature of this state or any judicial officer, juror, referee, arbitrator, or umpire, and any person authorized by law to hear or determine any question or controversy to ask, receive, or agree to receive, any bribe under specified circumstances. This bill would include in this punishment, in cases in which no bribe has been actually received, a restitution fine of not less than $2,000 or not more than $10,000 or, in cases in which a bribe was actually received, a restitution fine of at least the actual amount of the bribe received or $2,000, whichever is greater, or any larger amount of not more than double the amount of any bribe received or $10,000, whichever is greater. In each case, the bill would require the court to consider the defendant's ability to pay the restitution fine. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 68 of the Penal Code is amended to read: 68. (a) Every executive or ministerial officer, employee or appointee of the State of California, county or city therein or political subdivision thereof, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state. (b) In imposing a restitution fine under this section, the court shall consider the defendant's ability to pay the fine. SEC. 2. Section 86 of the Penal Code is amended to read: 86. Every member of either of the houses composing the Legislature of this state 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 shall give this vote either upon the same or another question, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater. In imposing a fine under this section, the court shall consider the defendant's ability to pay the fine. SEC. 3. Section 93 of the Penal Code is amended to read: 93. (a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater. (b) In imposing a restitution fine under this section, the court shall consider the defendant's ability to pay the fine.