Senate BillNo. 752


Introduced by Senator Nielsen

February 27, 2015


An act to amend Section 11366.5 of the Health and Safety Code, and to amend Sections 69, 76, 146e, 148, 148.10, 243, 243.1, 244.5, 621, 836.6, and 22810 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 752, as introduced, Nielsen. Crimes.

Existing law makes it a crime to violate various provisions prohibiting certain actions against a peace officer or his or her family, other first responders, or public officials, including, but not limited to, removing an officer’s firearm while resisting arrest, using a stun gun against a peace officer or firefighter, and committing a battery against a peace officer or other medical personnel engaged in the performance of his or her duties. Existing law generally makes the violation of these provisions misdemeanors or felonies punishable in a county jail, as specified, or both a misdemeanor or a felony, commonly referred to as a wobbler.

This bill would revise these provisions to make all of the misdemeanors or wobblers instead punishable as felonies in county jail and make all of the felonies punishable in county jail instead punishable in state prison, as specified.

By increasing the punishment for 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:

P2    1

SECTION 1.  

Section 11366.5 of the Health and Safety Code
2 is amended to read:

3

11366.5.  

(a) Any person who has under his or her management
4or control any building, room, space, or enclosure, either as an
5owner, lessee, agent, employee, or mortgagee, who knowingly
6rents, leases, or makes available for use, with or without
7compensation, the building, room, space, or enclosure for the
8purpose of unlawfully manufacturing, storing, or distributing any
9controlled substance for sale or distribution shall be punished by
10imprisonment in the county jail for not more than one year, or
11pursuant to subdivision (h) of Section 1170 of the Penal Code.

12(b) Any person who has under his or her management or control
13any building, room, space, or enclosure, either as an owner, lessee,
14agent, employee, or mortgagee, who knowingly allows the building,
15room, space, or enclosure to be fortified to suppress law
16enforcement entry in order to further the sale of any amount of
17cocaine base as specified in paragraph (1) of subdivision (f) of
18Section 11054, cocaine as specified in paragraph (6) of subdivision
19(b) of Section 11055, heroin, phencyclidine, amphetamine,
20methamphetamine, or lysergic acid diethylamide and who obtains
21excessive profits from the use of the building, room, space, or
22enclosure shall be punished by imprisonmentbegin delete pursuant to
23subdivision (h) of Section 1170 of the Penal Codeend delete
begin insert in the state
24prisonend insert
for two, three, or four years.

25(c) Any person who violates subdivision (a) after previously
26being convicted of a violation of subdivision (a) shall be punished
27by imprisonment pursuant to subdivision (h) of Section 1170 of
28the Penal Code for two, three, or four years.

29(d) For the purposes of this section, “excessive profits” means
30the receipt of consideration of a value substantially higher than
31fair market value.

32

SEC. 2.  

Section 69 of the Penal Code is amended to read:

33

69.  

Every person who attempts, by means of any threat or
34violence, to deter or prevent an executive officer from performing
35any duty imposed uponbegin delete suchend deletebegin insert theend insert officer by law, or who knowingly
P3    1resists, by the use of force or violence,begin delete suchend deletebegin insert theend insert officer, in the
2performance of hisbegin insert or herend insert duty, is punishable by a fine not
3exceeding ten thousand dollars ($10,000), or by imprisonment
4 pursuant to subdivision (h) of Section 1170,begin delete or in a county jail not
5exceeding one year,end delete
or by bothbegin delete suchend deletebegin insert thatend insert fine and imprisonment.

6

SEC. 3.  

Section 76 of the Penal Code is amended to read:

7

76.  

(a) Every person who knowingly and willingly threatens
8the life of, or threatens serious bodily harm to, any elected public
9official, county public defender, county clerk, exempt appointee
10of the Governor, judge, or Deputy Commissioner of the Board of
11begin delete Prison Terms,end deletebegin insert Parole Hearings,end insert or the staff, immediate family, or
12immediate family of the staff of any elected public official, county
13public defender, county clerk, exempt appointee of the Governor,
14judge, or Deputy Commissioner of the Board ofbegin delete Prison Terms,end delete
15begin insert Parole Hearings,end insert with the specific intent that the statement is to
16be taken as a threat, and the apparent ability to carry out that threat
17by any means, is guilty of a public offense, punishable as follows:

18(1) Upon a first conviction, the offense is punishable by a fine
19not exceedingbegin delete fiveend deletebegin insert tenend insert thousand dollarsbegin delete ($5,000)end deletebegin insert ($10,000)end insert, or by
20imprisonment pursuant to subdivision (h) of Section 1170,begin delete or in a
21county jail not exceeding one year,end delete
or by both that fine and
22imprisonment.

23(2) If the person has been convicted previously of violating this
24section, the previous conviction shall be charged in the accusatory
25pleading, and if the previous conviction is found to be true by the
26jury upon a jury trial, or by the court upon a court trial, or is
27admitted by the defendant, the offense is punishable by
28imprisonmentbegin delete pursuant to subdivision (h) of Section 1170end deletebegin insert in state
29prisonend insert
.

30(b) Any law enforcement agency that has knowledge of a
31violation of this section involving a constitutional officer of the
32state, a Member of the Legislature, or a member of the judiciary
33shall immediately report that information to the Department of the
34California Highway Patrol.

35(c) For purposes of this section, the following definitions shall
36apply:

37(1) “Apparent ability to carry out that threat” includes the ability
38to fulfill the threat at some future date when the person making
39the threat is an incarcerated prisoner with a stated release date.

P4    1(2) “Serious bodily harm” includes serious physical injury or
2serious traumatic condition.

3(3) “Immediate family” means a spouse, parent, or child, or
4anyone who has regularly resided in the household for the past six
5months.

6(4) “Staff of a judge” means court officers and employees,
7including commissioners, referees, and retired judges sitting on
8assignment.

9(5) “Threat” means a verbal or written threat or a threat implied
10by a pattern of conduct or a combination of verbal or written
11statements and conduct made with the intent and the apparent
12ability to carry out the threat so as to cause the person who is the
13target of the threat to reasonably fear for his or her safety or the
14safety of his or her immediate family.

15(d) As for threats against staff or immediate family of staff, the
16threat must relate directly to the official duties of the staff of the
17elected public official, county public defender, county clerk,
18exempt appointee of the Governor, judge, or Deputy Commissioner
19of the Board ofbegin delete Prison Termsend deletebegin insert Parole Hearingsend insert in order to constitute
20a public offense under this section.

21(e) A threat must relate directly to the official duties of a Deputy
22Commissioner of the Board ofbegin delete Prison Termsend deletebegin insert Parole Hearingsend insert in
23order to constitute a public offense under this section.

24

SEC. 4.  

Section 146e of the Penal Code is amended to read:

25

146e.  

(a) Every person who maliciously, and with the intent
26to obstruct justice or the due administration of the laws, or with
27the intent or threat to inflict imminent physical harm in retaliation
28for the due administration of the laws, publishes, disseminates, or
29otherwise discloses the residence address or telephone number of
30any peace officer, nonsworn police dispatcher, employee of a city
31police department or county sheriff’s office, or public safety
32official, or that of the spouse or children of these persons who
33reside with them, while designating the peace officer, nonsworn
34police dispatcher, employee of a city police department or county
35sheriff’s office, or public safety official, or relative of these persons
36as such, without the authorization of the employing agency,begin delete is
37guilty of a misdemeanorend delete
begin insert shall be punished by imprisonment
38pursuant to subdivision (h) of Section 1170end insert
.

39(b) A violation of subdivision (a) with regard to any peace
40officer, employee of a city police department or county sheriff’s
P5    1office, or public safety official, or the spouse or children of these
2persons, that results in bodily injury to the peace officer, employee
3of the city police department or county sheriff’s office, or public
4safety official, or the spouse or children of these persons, is a felony
5punishable by imprisonment pursuant to subdivision (h) of Section
61170.

7(c) For purposes of this section, “public safety official” is
8defined in Section 6254.24 of the Government Code.

9

SEC. 5.  

Section 148 of the Penal Code is amended to read:

10

148.  

(a) (1) Every person who willfully resists, delays, or
11obstructs any public officer, peace officer, or an emergency medical
12technician, as defined in Division 2.5 (commencing with Section
131797) of the Health and Safety Code, in the discharge or attempt
14to discharge any duty of his or her office or employment, when
15no other punishment is prescribed, shall be punished by a fine not
16exceeding one thousand dollars ($1,000), or by imprisonment in
17a county jail not to exceed one year, or by both that fine and
18imprisonment.

19(2) Except as provided by subdivision (d) of Section 653t, every
20person who knowingly and maliciously interrupts, disrupts,
21impedes, or otherwise interferes with the transmission of a
22communication over a public safety radio frequency shall be
23punished by a fine not exceeding one thousand dollars ($1,000),
24imprisonment in a county jail not exceeding one year, or by both
25that fine and imprisonment.

26(b) Every person who, during the commission of any offense
27described in subdivision (a), removes or takes any weapon, other
28than a firearm, from the person of, or immediate presence of, a
29public officer or peace officer shall be punished by imprisonment
30begin delete in a county jail not to exceed one year orend delete pursuant to subdivision
31(h) of Section 1170.

32(c) Every person who, during the commission of any offense
33described in subdivision (a), removes or takes a firearm from the
34person of, or immediate presence of, a public officer or peace
35officer shall be punished by imprisonmentbegin delete pursuant to subdivision
36(h) of Section 1170end delete
begin insert in state prisonend insert.

37(d) Except as provided in subdivision (c) and notwithstanding
38subdivision (a) of Section 489, every person who removes or takes
39without intent to permanently deprive, or who attempts to remove
40or take a firearm from the person of, or immediate presence of, a
P6    1public officer or peace officer, while the officer is engaged in the
2performance of his or her lawful duties, shall be punished by
3imprisonmentbegin delete in a county jail not to exceed one year orend delete pursuant
4to subdivision (h) of Section 1170.

5In order to prove a violation of this subdivision, the prosecution
6shall establish that the defendant had the specific intent to remove
7or take the firearm by demonstrating that any of the following
8direct, but ineffectual, acts occurred:

9(1) The officer’s holster strap was unfastened by the defendant.

10(2) The firearm was partially removed from the officer’s holster
11by the defendant.

12(3) The firearm safety was released by the defendant.

13(4) An independent witness corroborates that the defendant
14stated that he or she intended to remove the firearm and the
15defendant actually touched the firearm.

16(5) An independent witness corroborates that the defendant
17actually had his or her hand on the firearm and tried to take the
18firearm away from the officer who was holding it.

19(6) The defendant’s fingerprint was found on the firearm or
20holster.

21(7) Physical evidence authenticated by a scientifically verifiable
22procedure established that the defendant touched the firearm.

23(8) In the course of any struggle, the officer’s firearm fell and
24the defendant attempted to pick it up.

25(e) A person shall not be convicted of a violation of subdivision
26(a) in addition to a conviction of a violation of subdivision (b), (c),
27or (d) when the resistance, delay, or obstruction, and the removal
28or taking of the weapon or firearm or attempt thereof, was
29committed against the same public officer, peace officer, or
30emergency medical technician. A person may be convicted of
31multiple violations of this section if more than one public officer,
32peace officer, or emergency medical technician are victims.

33(f) This section shall not apply if the public officer, peace
34officer, or emergency medical technician is disarmed while engaged
35in a criminal act.

36

SEC. 6.  

Section 148.10 of the Penal Code is amended to read:

37

148.10.  

(a) Every person who willfully resists a peace officer
38in the discharge or attempt to discharge any duty of his or her
39office or employment and whose willful resistance proximately
40causes death or serious bodily injury to a peace officer shall be
P7    1punished by imprisonment pursuant to subdivision (h) of Section
21170 for two, three, or four years, or by a fine of not less than one
3thousand dollars ($1,000) or more than ten thousand dollars
4($10,000), or by both that fine and imprisonmentbegin delete, or by
5imprisonment in a county jail for not more than one year, or by a
6fine of not more than one thousand dollars ($1,000), or by both
7that fine and imprisonmentend delete
.

8(b) For purposes of subdivision (a), the following facts shall be
9found by the trier of fact:

10(1) That the peace officer’s action was reasonable based on the
11facts or circumstances confronting the officer at the time.

12(2) That the detention and arrest was lawful and there existed
13probable cause or reasonable cause to detain.

14(3) That the person who willfully resisted any peace officer
15knew or reasonably should have known that the other person was
16a peace officer engaged in the performance of his or her duties.

17(c) This section does not apply to conduct that occurs during
18labor picketing, demonstrations, or disturbing the peace.

19(d) For purposes of this section, “serious bodily injury” is
20defined in paragraph (4) of subdivision (f) of Section 243.

21

SEC. 7.  

Section 243 of the Penal Code is amended to read:

22

243.  

(a) A battery is punishable by a fine not exceeding two
23thousand dollars ($2,000), or by imprisonment in a county jail not
24exceeding six months, or by both that fine and imprisonment.

25(b) When a battery is committed against the person of a peace
26officer, custodial officer, firefighter, emergency medical technician,
27lifeguard, security officer, custody assistant, process server, traffic
28officer, code enforcement officer, animal control officer, or search
29and rescue member engaged in the performance of his or her duties,
30whether on or off duty, including when the peace officer is in a
31police uniform and is concurrently performing the duties required
32of him or her as a peace officer while also employed in a private
33capacity as a part-time or casual private security guard or
34patrolman, or a nonsworn employee of a probation department
35engaged in the performance of his or her duties, whether on or off
36duty, or a physician or nurse engaged in rendering emergency
37medical care outside a hospital, clinic, or other health care facility,
38and the person committing the offense knows or reasonably should
39know that the victim is a peace officer, custodial officer, firefighter,
40emergency medical technician, lifeguard, security officer, custody
P8    1assistant, process server, traffic officer, code enforcement officer,
2animal control officer, or search and rescue member engaged in
3the performance of his or her duties, nonsworn employee of a
4probation department, or a physician or nurse engaged in rendering
5emergency medical care, the battery is punishable by a fine not
6exceeding two thousand dollars ($2,000), or by imprisonment in
7a county jail not exceeding one year, or by both that fine and
8imprisonment.

9(c) (1) When a battery is committed against a custodial officer,
10firefighter, emergency medical technician, lifeguard, process server,
11traffic officer, or animal control officer engaged in the performance
12of his or her duties, whether on or off duty, or a nonsworn
13employee of a probation department engaged in the performance
14of his or her duties, whether on or off duty, or a physician or nurse
15engaged in rendering emergency medical care outside a hospital,
16clinic, or other health care facility, and the person committing the
17offense knows or reasonably should know that the victim is a
18nonsworn employee of a probation department, custodial officer,
19firefighter, emergency medical technician, lifeguard, process server,
20traffic officer, or animal control officer engaged in the performance
21of his or her duties, or a physician or nurse engaged in rendering
22emergency medical care, and an injury is inflicted on that victim,
23the battery is punishable bybegin delete a fine of not more than two thousand
24dollars ($2,000), by imprisonment in a county jail not exceeding
25one year, or by both that fine and imprisonment, or byend delete

26 imprisonment pursuant to subdivision (h) of Section 1170 for 16
27months, or two or three years.

28(2) When the battery specified in paragraph (1) is committed
29against a peace officer engaged in the performance of his or her
30duties, whether on or off duty, including when the peace officer
31is in a police uniform and is concurrently performing the duties
32required of him or her as a peace officer while also employed in
33a private capacity as a part-time or casual private security guard
34or patrolman and the person committing the offense knows or
35reasonably should know that the victim is a peace officer engaged
36in the performance of his or her duties, the battery is punishable
37by a fine of not more than ten thousand dollars ($10,000), or by
38imprisonmentbegin delete in a county jail not exceeding one year orend delete pursuant
39to subdivision (h) of Section 1170 for 16 months, or two or three
40years, or by both that fine and imprisonment.

P9    1(d) When a battery is committed against any person and serious
2bodily injury is inflicted on the person, the battery is punishable
3by imprisonment in a county jail not exceeding one year or
4imprisonment pursuant to subdivision (h) of Section 1170 for two,
5three, or four years.

6(e) (1) When a battery is committed against a spouse, a person
7with whom the defendant is cohabiting, a person who is the parent
8of the defendant’s child, former spouse, fiancé, or fiancée, or a
9person with whom the defendant currently has, or has previously
10had, a dating or engagement relationship, the battery is punishable
11by a fine not exceeding two thousand dollars ($2,000), or by
12imprisonment in a county jail for a period of not more than one
13year, or by both that fine and imprisonment. If probation is granted,
14or the execution or imposition of the sentence is suspended, it shall
15be a condition thereof that the defendant participate in, for no less
16than one year, and successfully complete, a batterer’s treatment
17program, as described in Section 1203.097, or if none is available,
18another appropriate counseling program designated by the court.
19However, this provision shall not be construed as requiring a city,
20a county, or a city and county to provide a new program or higher
21level of service as contemplated by Section 6 of Article XIII B of
22the California Constitution.

23(2) Upon conviction of a violation of this subdivision, if
24probation is granted, the conditions of probation may include, in
25lieu of a fine, one or both of the following requirements:

26(A) That the defendant make payments to a battered women’s
27shelter, up to a maximum of five thousand dollars ($5,000).

28(B) That the defendant reimburse the victim for reasonable costs
29of counseling and other reasonable expenses that the court finds
30are the direct result of the defendant’s offense.

31For any order to pay a fine, make payments to a battered
32women’s shelter, or pay restitution as a condition of probation
33under this subdivision, the court shall make a determination of the
34defendant’s ability to pay. In no event shall any order to make
35payments to a battered women’s shelter be made if it would impair
36the ability of the defendant to pay direct restitution to the victim
37or court-ordered child support. If the injury to a married person is
38caused in whole or in part by the criminal acts of his or her spouse
39in violation of this section, the community property shall not be
40used to discharge the liability of the offending spouse for restitution
P10   1to the injured spouse, required by Section 1203.04, as operative
2on or before August 2, 1995, or Section 1202.4, or to a shelter for
3costs with regard to the injured spouse and dependents, required
4by this section, until all separate property of the offending spouse
5is exhausted.

6(3) Upon conviction of a violation of this subdivision, if
7probation is granted or the execution or imposition of the sentence
8is suspended and the person has been previously convicted of a
9violation of this subdivision and sentenced under paragraph (1),
10the person shall be imprisoned for not less than 48 hours in addition
11to the conditions in paragraph (1). However, the court, upon a
12showing of good cause, may elect not to impose the mandatory
13minimum imprisonment as required by this subdivision and may,
14under these circumstances, grant probation or order the suspension
15of the execution or imposition of the sentence.

16(4) The Legislature finds and declares that these specified crimes
17merit special consideration when imposing a sentence so as to
18display society’s condemnation for these crimes of violence upon
19victims with whom a close relationship has been formed.

20(5) If a peace officer makes an arrest for a violation of paragraph
21(1) of subdivision (e) of this section, the peace officer is not
22required to inform the victim of his or her right to make a citizen’s
23arrest pursuant to subdivision (b) of Section 836.

24(f) As used in this section:

25(1) “Peace officer” means any person defined in Chapter 4.5
26(commencing with Section 830) of Title 3 of Part 2.

27(2) “Emergency medical technician” means a person who is
28either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses
29a valid certificate or license in accordance with the standards of
30Division 2.5 (commencing with Section 1797) of the Health and
31Safety Code.

32(3) “Nurse” means a person who meets the standards of Division
332.5 (commencing with Section 1797) of the Health and Safety
34Code.

35(4) “Serious bodily injury” means a serious impairment of
36physical condition, including, but not limited to, the following:
37loss of consciousness; concussion; bone fracture; protracted loss
38or impairment of function of any bodily member or organ; a wound
39requiring extensive suturing; and serious disfigurement.

P11   1(5) “Injury” means any physical injury which requires
2professional medical treatment.

3(6) “Custodial officer” means any person who has the
4responsibilities and duties described in Section 831 and who is
5employed by a law enforcement agency of any city or county or
6who performs those duties as a volunteer.

7(7) “Lifeguard” means a person defined in paragraph (5) of
8subdivision (d) of Section 241.

9(8) “Traffic officer” means any person employed by a city,
10county, or city and county to monitor and enforce state laws and
11local ordinances relating to parking and the operation of vehicles.

12(9) “Animal control officer” means any person employed by a
13city, county, or city and county for purposes of enforcing animal
14control laws or regulations.

15(10) “Dating relationship” means frequent, intimate associations
16primarily characterized by the expectation of affectional or sexual
17involvement independent of financial considerations.

18(11) (A) “Code enforcement officer” means any person who
19is not described in Chapter 4.5 (commencing with Section 830) of
20Title 3 of Part 2 and who is employed by any governmental
21subdivision, public or quasi-public corporation, public agency,
22public service corporation, any town, city, county, or municipal
23corporation, whether incorporated or chartered, who has
24enforcement authority for health, safety, and welfare requirements,
25and whose duties include enforcement of any statute, rules,
26regulations, or standards, and who is authorized to issue citations,
27or file formal complaints.

28(B) “Code enforcement officer” also includes any person who
29is employed by the Department of Housing and Community
30Development who has enforcement authority for health, safety,
31and welfare requirements pursuant to the Employee Housing Act
32(Part 1 (commencing with Section 17000) of Division 13 of the
33Health and Safety Code); the State Housing Law (Part 1.5
34(commencing with Section 17910) of Division 13 of the Health
35and Safety Code); the Manufactured Housing Act of 1980 (Part 2
36(commencing with Section 18000) of Division 13 of the Health
37and Safety Code); the Mobilehome Parks Act (Part 2.1
38(commencing with Section 18200) of Division 13 of the Health
39and Safety Code); and the Special Occupancy Parks Act (Part 2.3
P12   1(commencing with Section 18860) of Division 13 of the Health
2and Safety Code).

3(12) “Custody assistant” means any person who has the
4responsibilities and duties described in Section 831.7 and who is
5employed by a law enforcement agency of any city, county, or city
6and county.

7(13) “Search and rescue member” means any person who is part
8of an organized search and rescue team managed by a government
9agency.

10(14) “Security officer” means any person who has the
11responsibilities and duties described in Section 831.4 and who is
12employed by a law enforcement agency of any city, county, or city
13and county.

14(g) It is the intent of the Legislature by amendments to this
15section at the 1981-82 and 1983-84 Regular Sessions to abrogate
16the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
17Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
18judicial interpretations of this section as they relate to criminal
19sanctions for battery on peace officers who are employed, on a
20part-time or casual basis, while wearing a police uniform as private
21security guards or patrolmen and to allow the exercise of peace
22officer powers concurrently with that employment.

23

SEC. 8.  

Section 243.1 of the Penal Code is amended to read:

24

243.1.  

When a battery is committed against the person of a
25custodial officer as defined in Section 831 of the Penal Code, and
26the person committing the offense knows or reasonably should
27know that the victim is a custodial officer engaged in the
28performance of his or her duties, and the custodial officer is
29engaged in the performance of his or her duties, the offense shall
30be punished by imprisonmentbegin delete pursuant to subdivision (h) of Section
311170end delete
begin insert in state prisonend insert.

32

SEC. 9.  

Section 244.5 of the Penal Code is amended to read:

33

244.5.  

(a) As used in this section, “stun gun” means any item,
34except a less lethal weapon, as defined in Section 16780, used or
35intended to be used as either an offensive or defensive weapon
36that is capable of temporarily immobilizing a person by the
37infliction of an electrical charge.

38(b) Every person who commits an assault upon the person of
39another with a stun gun or less lethal weapon, as defined in Section
4016780, shall be punished by imprisonment in a county jail for a
P13   1term not exceeding one year, or by imprisonment pursuant to
2subdivision (h) of Section 1170 for 16 months, two, or three years.

3(c) Every person who commits an assault upon the person of a
4peace officer or firefighter with a stun gun or less lethal weapon,
5as defined in Section 16780, who knows or reasonably should
6know that the person is a peace officer or firefighter engaged in
7the performance of his or her duties, when the peace officer or
8firefighter is engaged in the performance of his or her duties, shall
9be punished bybegin delete imprisonment in the county jail for a term not
10exceeding one year, or byend delete
imprisonment pursuant to subdivision
11(h) of Section 1170 for two, three, or four years.

12(d) This section shall not be construed to preclude or in any way
13limit the applicability of Section 245 in any criminal prosecution.

14

SEC. 10.  

Section 621 of the Penal Code is amended to read:

15

621.  

Every person who maliciously destroys, cuts, breaks,
16mutilates, effaces, or otherwise injures, tears down, or removes
17any law enforcement memorial or firefighter’s memorial is guilty
18of a crime punishable by imprisonment pursuant to subdivision
19(h) of Section 1170begin delete or by imprisonment in a county jail for less
20than one yearend delete
.

21

SEC. 11.  

Section 836.6 of the Penal Code is amended to read:

22

836.6.  

(a) It is unlawful for any person who is remanded by a
23magistrate or judge of any court in this state to the custody of a
24sheriff, marshal, or other police agency, to thereafter escape or
25attempt to escape from that custody.

26(b) It is unlawful for any person who has been lawfully arrested
27by any peace officer and who knows, or by the exercise of
28reasonable care should have known, that he or she has been so
29arrested, to thereafter escape or attempt to escape from that peace
30officer.

31(c) Any person who violates subdivision (a) or (b) is guilty of
32a misdemeanor, punishable by imprisonment in a county jail not
33to exceed one year. However, if the escape or attempted escape is
34by force or violence, and the person proximately causes a peace
35officer serious bodily injury, the person shall be punished by
36imprisonment in the state prison for two, three, or four yearsbegin delete, or
37by imprisonment in a county jail not to exceed one yearend delete
.

38

SEC. 12.  

Section 22810 of the Penal Code is amended to read:

39

22810.  

Notwithstanding any other provision of law, any person
40may purchase, possess, or use tear gas or any tear gas weapon for
P14   1the projection or release of tear gas if the tear gas or tear gas
2weapon is used solely for self-defense purposes, subject to the
3following requirements:

4(a) No person convicted of a felony or any crime involving an
5assault under the laws of the United States, the State of California,
6or any other state, government, or country, or convicted of misuse
7of tear gas under subdivision (g), shall purchase, possess, or use
8tear gas or any tear gas weapon.

9(b) No person addicted to any narcotic drug shall purchase,
10possess, or use tear gas or any tear gas weapon.

11(c) No person shall sell or furnish any tear gas or tear gas
12weapon to a minor.

13(d) No minor shall purchase, possess, or use tear gas or any tear
14gas weapon.

15(e) (1) No person shall purchase, possess, or use any tear gas
16weapon that expels a projectile, or that expels the tear gas by any
17method other than an aerosol spray, or that contains more than 2.5
18ounces net weight of aerosol spray.

19(2) Every tear gas container and tear gas weapon that may be
20lawfully purchased, possessed, and used pursuant to this section
21shall have a label that states: “WARNING: The use of this
22substance or device for any purpose other than self-defense is a
23crime under the law. The contents are dangerous -- use with care.”

24(3) After January 1, 1984, every tear gas container and tear gas
25weapon that may be lawfully purchased, possessed, and used
26pursuant to this section shall have a label that discloses the date
27on which the useful life of the tear gas weapon expires.

28(4) Every tear gas container and tear gas weapon that may be
29lawfully purchased pursuant to this section shall be accompanied
30at the time of purchase by printed instructions for use.

31(f) Effective March 1, 1994, every tear gas container and tear
32gas weapon that may be lawfully purchased, possessed, and used
33pursuant to this section shall be accompanied by an insert including
34directions for use, first aid information, safety and storage
35information, and explanation of the legal ramifications of improper
36use of the tear gas container or tear gas product.

37(g) (1) Except as provided in paragraph (2), any person who
38uses tear gas or any tear gas weapon except in self-defense is guilty
39of a public offense and is punishable by imprisonment pursuant
40to subdivision (h) of Section 1170 for 16 months, or two or three
P15   1years or in a county jail not to exceed one year or by a fine not to
2exceed one thousand dollars ($1,000), or by both the fine and
3imprisonment.

4(2) If the use is against a peace officer, as defined in Chapter
54.5 (commencing with Section 830) of Title 3 of Part 2, engaged
6in the performance of official duties and the person committing
7the offense knows or reasonably should know that the victim is a
8peace officer, the offense is punishable by imprisonmentbegin delete pursuant
9to subdivision (h) of Section 1170end delete
begin insert in state prisonend insert for 16 months
10or two or three years or by a finebegin delete of oneend deletebegin insert not to exceed tenend insert thousand
11dollarsbegin delete ($1,000)end deletebegin insert ($10,000)end insert, or by both the fine and imprisonment.

12

SEC. 13.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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