SB 411, as introduced, Lara. Crimes.
Under existing law, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified.
This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision.
Under existing law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any of his or her duties shall be punished by a fine or imprisonment, or both, as specified.
This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 69 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert Every person who attempts, by means of any threat
3or violence, to deter or prevent an executive officer from
4performing any duty imposed uponbegin delete suchend deletebegin insert theend insert officer by law, or who
5knowingly resists, by the use of force or violence,begin delete suchend deletebegin insert theend insert
officer,
6in the performance of hisbegin insert
or herend insert duty, is punishable by a fine not
7exceeding ten thousand dollars ($10,000), or by imprisonment
8pursuant to subdivision (h) of Section 1170, or in a county jail not
9exceeding one year, or by both such fine and imprisonment.
10(b) The fact that a person takes a photograph or makes an audio
11or video recording of an executive officer, while the officer is in
12a public place or the person taking the photograph or making the
13recording is in a place he or she has the right to be, does not
14constitute, in and of itself, a violation of subdivision (a).
Section 148 of the Penal Code is amended to read:
(a) (1) Every person who willfully resists, delays, or
17obstructs any public officer, peace officer, or an emergency medical
18technician, as defined in Division 2.5 (commencing with Section
191797) of the Health and Safety Code, in the discharge or attempt
20to discharge any duty of his or her office or employment, when
21no other punishment is prescribed, shall be punished by a fine not
22exceeding one thousand dollars ($1,000), or by imprisonment in
23a county jail not to exceed one year, or by both that fine and
24imprisonment.
25(2) Except as provided by subdivision (d) of Section 653t, every
26person who knowingly and maliciously interrupts, disrupts,
27impedes, or otherwise interferes with the transmission of a
28communication over a public safety radio
frequency shall be
29punished by a fine not exceeding one thousand dollars ($1,000),
30imprisonment in a county jail not exceeding one year, or by both
31that fine and imprisonment.
32(b) Every person who, during the commission of any offense
33described in subdivision (a), removes or takes any weapon, other
34than a firearm, from the person of, or immediate presence of, a
35public officer or peace officer shall be punished by imprisonment
36in a county jail not to exceed one year or pursuant to subdivision
37(h) of Section 1170.
P3 1(c) Every person who, during the commission of any offense
2described in subdivision (a), removes or takes a firearm from the
3person of, or immediate presence of, a public officer or peace
4officer shall be punished by imprisonment pursuant to subdivision
5(h) of Section 1170.
6(d) Except as provided in
subdivision (c) and notwithstanding
7subdivision (a) of Section 489, every person who removes or takes
8without intent to permanently deprive, or who attempts to remove
9or take a firearm from the person of, or immediate presence of, a
10public officer or peace officer, while the officer is engaged in the
11performance of his or her lawful duties, shall be punished by
12imprisonment in a county jail not to exceed one year or pursuant
13to subdivision (h) of Section 1170.
14In order to prove a violation of this subdivision, the prosecution
15shall establish that the defendant had the specific intent to remove
16or take the firearm by demonstrating that any of the following
17direct, but ineffectual, acts occurred:
18(1) The officer’s holster strap was unfastened by the defendant.
19(2) The firearm was partially removed from the officer’s holster
20by the
defendant.
21(3) The firearm safety was released by the defendant.
22(4) An independent witness corroborates that the defendant
23stated that he or she intended to remove the firearm and the
24defendant actually touched the firearm.
25(5) An independent witness corroborates that the defendant
26actually had his or her hand on the firearm and tried to take the
27firearm away from the officer who was holding it.
28(6) The defendant’s fingerprint was found on the firearm or
29holster.
30(7) Physical evidence authenticated by a scientifically verifiable
31procedure established that the defendant touched the firearm.
32(8) In the course of any struggle,
the officer’s firearm fell and
33the defendant attempted to pick it up.
34(e) A person shall not be convicted of a violation of subdivision
35(a) in addition to a conviction of a violation of subdivision (b), (c),
36or (d) when the resistance, delay, or obstruction, and the removal
37or taking of the weapon or firearm or attempt thereof, was
38committed against the same public officer, peace officer, or
39emergency medical technician. A person may be convicted of
P4 1multiple violations of this section if more than one public officer,
2peace officer, or emergency medical technician are victims.
3(f) This section shall not apply if the public officer, peace
4officer, or emergency medical technician is disarmed while engaged
5in a criminal act.
6(g) The fact
that a person takes a photograph or makes an audio
7or video recording of a public officer or peace officer, while the
8officer is in a public place or the person taking the photograph or
9making the recording is in a place he or she has the right to be,
10does not constitute, in and of itself, a violation of subdivision (a),
11nor does it constitute reasonable suspicion to detain the person
12or probable cause to arrest the person.
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