SB 629, Mitchell. Crimes: taking person from lawful custody of peace officer.
Existing law defines a “lynching” as the taking of a person from the lawful custody of a peace officer by means of a riot. Under existing law a person who participates in a lynching is punishable by imprisonment in a county jail for 2, 3, or 4 years.
This bill would provide that the taking of a person from the lawful custody of a peace officer is no longer defined as a “lynching.” This bill would provide that a person who participates in the taking of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment in a county jail for 2, 3, or 4 years.
The people of the State of California do enact as follows:
Section 405a of the Penal Code is amended to read:
A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
Section 405b of the Penal Code is repealed.
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