Amended in Assembly May 24, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 524

Introduced by Assembly Member Mullin

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Alejo, end insert Ting begin insert , and Wieckowski end insert )

( begin delete Coauthor: Senator end delete begin insert Coauthors: Senators Padilla and end insert Yee)

February 20, 2013

An act to amend Section 519 of the Penal Code, relating to immigrants.

LEGISLATIVE COUNSEL’S DIGEST

AB 524, as amended, Mullin. Immigrants: extortion.

Existing law defines extortion as the obtaining of property from another, with consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. Existing law further provides that fear sufficient to constitute extortion may be induced by certain threats, including a threat to accuse the threatened individual, or his or her relative or family, of a crime.

This bill would provide that a threat to report the immigration status or suspected immigration status of the threatened individual, or his or her relative or a member of his or her family, may also induce fear sufficient to constitute extortion. begin insert The bill would also specify that its provisions are intended to clarify existing law. end insert By broadening the acts that constitute a crime, this bill would impose 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 519 of the Penal Code is amended to
read:

519.  

Fear, such as will constitute extortion, may be induced
by a threat, either:

1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,

2. To accuse the individual threatened, or a relative of his or
her, or member of his or her family, of a crime; or,

3. To expose, or to impute to him, her, or them a deformity,
disgrace, or crime; or,

4. To expose a secret affecting him, her, or them; or,

5. To report his, her, or their immigration status or suspected
immigration status.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that the amendments
to Section 519 of the Penal Code made by this act are intended to
clarify existing law.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.