BILL NUMBER: AB 1835	CHAPTERED  09/15/02

	CHAPTER  526
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	PASSED THE ASSEMBLY  AUGUST 27, 2002
	AMENDED IN ASSEMBLY  FEBRUARY 25, 2002

INTRODUCED BY   Assembly Member Bates

                        JANUARY 24, 2002

   An act to amend Sections 142 and 847 of the Penal Code, relating
to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1835, Bates.  Peace officers:  refusal to receive or arrest
charged person:  criminal or civil liability.
   (1) Existing statutory law makes it a felony for any peace officer
who has the authority to receive or arrest a person charged with a
criminal offense to willfully refuse to receive or arrest that
person, including a person arrested by a private person under a
citizen's arrest.
   This bill would provide that the above provision shall not apply
to arrests made pursuant to the provisions authorizing a private
person to make a citizen's arrest.
   (2) Existing law provides that there shall be no civil liability
on the part of, and no cause of action shall arise against, any peace
officer acting within the scope of his or her authority, for false
arrest or false imprisonment arising out of any arrest under
specified circumstances, including that the arrest was made pursuant
to the requirements of specified provisions.
   This bill would provide that the above provision limiting the
civil liability of a peace officer with respect to specified arrests
shall apply to arrests made pursuant to the provisions authorizing a
private person to make a citizen's arrest.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 142 of the Penal Code is amended to read:
   142.  (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.
   (b) Notwithstanding subdivision (a), the sheriff may determine
whether any jail, institution, or facility under his or her direction
shall be designated as a reception, holding, or confinement
facility, or shall be used for several of those purposes, and may
designate the class of prisoners for which any facility shall be
used.
   (c) This section shall not apply to arrests made pursuant to
Section 837.
  SEC. 2.  Section 847 of the Penal Code is amended to read:
   847.  (a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before a magistrate, or deliver him or her to a
peace officer.
   (b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any peace officer or federal criminal
investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her
authority, for false arrest or false imprisonment arising out of any
arrest under any of the following circumstances:
   (a) The arrest was lawful, or the peace officer, at the time of
the arrest, had reasonable cause to believe the arrest was lawful.
   (b) The arrest was made pursuant to a charge made, upon reasonable
cause, of the commission of a felony by the person to be arrested.
   (c) The arrest was made pursuant to the requirements of Section
142, 837, 838, or 839.