BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 629|
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THIRD READING
Bill No: SB 629
Author: Mitchell (D)
Amended: 4/6/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/12/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SUBJECT: Crimes: taking person from lawful custody of peace
officer
SOURCE: Mayor Kevin Johnson, City of Sacramento
DIGEST: This bill provides that the taking of a person from the
lawful custody of a peace officer is no longer defined as a
"lynching." This bill provides 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 two, three, or four years.
ANALYSIS:
Existing law:
1) Provides that "the taking by means of a riot of any person
from the lawful custody of any peace officer is a lynching."
(Penal Code § 405a.)
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2) Provides that "every person who participates in any lynching
is punishable by imprisonment, as specified, for two, three,
or four years." (Penal Code § 405b.)
This bill:
1)Provides that the taking of a person from the lawful custody
of a peace officer is no longer defined as a "lynching."
2)Provides 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 two, three, or four years.
Background
According to History of Lynching in the United States
(http://www.umass.edu/
complit/aclanet/USLynch.html):
The lynching era encompasses roughly the five decades
between the end of Reconstruction and the beginning of
the Great Depression. During these years we may estimate
that there were 2,018 separate incidents of lynching in
which at least 2,462 African-American men, women and
children met their deaths in the grasp of southern mobs,
comprised mostly of whites. Although lynchings and mob
killings occurred before 1880, notably during early
Reconstruction when blacks were enfranchised, radical
racism and mob violence peaked during the 1890s in a
surge of terrorism that did not dissipate until well into
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the twentieth century (17).
In addition to the punishment of specific criminal
offenders, lynching in the American South had three
entwined functions:
To maintain social order over the black
population through terrorism;
To suppress of eliminate black competitors for
economic, political, or social rewards; and
To stabilize the white class structure and
preserve the privileged status of the white
aristocracy (18-19).
Lethal mob violence for seemingly minor infractions of the
caste codes of behavior was more fundamental for maintaining
terroristic social control than punishment for what would seem
to be more serious violations of the criminal codes.
Comments
As noted in the author's statement, the term 'lynching' is
understood as meaning an extrajudicial hanging. This bill
eliminates any confusion caused by the conflict between the
statutory meaning, the taking of a person from the lawful
custody of a peace officer by means of a riot, and the commonly
accepted meaning of the term. This bill does not change the
penalty.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/14/15)
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Mayor Kevin Johnson, City of Sacramento (source)
American Federation of State, County and Municipal Employees
Local 685
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California Narcotic Officers Association
California State Conference of the National Association for the
Advancement of Colored People
Los Angeles Police Protective League
Los Angeles Probation Officers Union
Riverside Sheriffs Association
OPPOSITION: (Verified5/14/15)
None received
ARGUMENTS IN SUPPORT: The author writes, "SB 629 amends CA
Penal Code § 405 (a) & (b) to eliminate the reference to
'lynching' as used to define the taking by means of a riot of
any person from the lawful custody of a peace officer. It does
not reduce the penalties associated with this act. The term
'lynching' carries with it cultural significance and its current
usage in code is contrary to what the vast majority of people
understand the crime of lynching to entail. Lynching is defined
in all dictionaries searched by the author's office as the
practice of killing a person or people by extrajudicial mob
action."
Prepared by:Linda Tenerowicz / PUB. S. /
5/15/15 15:24:37
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