Amended in Senate January 4, 2016

Amended in Senate April 21, 2015

Senate BillNo. 752


Introduced by Senator Nielsen

February 27, 2015


An act to amend Sections 146e, 148,begin delete 243, and 243.1end deletebegin insert and 244.5end insert of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 752, as amended, 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 resistingbegin delete arrest and committing a battery against a peace officer or other medical personnel engaged in the performance of his or her duties.end deletebegin insert arrest, maliciously disclosing specified personal information about the officer with the intent to obstruct justice or the due administration of the laws, and using a stun gun against a peace officer or firefighter.end insert 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 misdemeanorsbegin delete orend deletebegin insert instead punishable as wobblers, theend insert wobblers instead punishable as felonies in countybegin delete jailend deletebegin insert jail, as specified,end insert 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 146e of the Penal Code is amended to
2read:

3

146e.  

(a) Every person who maliciously, and with the intent
4to obstruct justice or the due administration of the laws, or with
5the intent or threat to inflict imminent physical harm in retaliation
6for the due administration of the laws, publishes, disseminates, or
7otherwise discloses the residence address or telephone number of
8any peace officer, nonsworn police dispatcher, employee of a city
9police department or county sheriff’s office, or public safety
10official, or that of the spouse or children of these persons who
11reside with them, while designating the peace officer, nonsworn
12police dispatcher, employee of a city police department or county
13sheriff’s office, or public safety official, or relative of these persons
14as such, without the authorization of the employing agency, shall
15be punished by imprisonmentbegin insert in a county jail not to exceed one
16year orend insert
pursuant to subdivision (h) of Section 1170.

17(b) A violation of subdivision (a) with regard to any peace
18officer, employee of a city police department or county sheriff’s
19office, or public safety official, or the spouse or children of these
20persons, that results in bodily injury to the peace officer, employee
21of the city police department or county sheriff’s office, or public
22safety official, or the spouse or children of these persons, is a felony
23punishable by imprisonment pursuant to subdivision (h) of Section
241170.

25(c) For purposes of this section, “public safety official” is
26defined in Section 6254.24 of the Government Code.

27

SEC. 2.  

Section 148 of the Penal Code is amended to read:

28

148.  

(a) (1) Every person who willfully resists, delays, or
29obstructs any public officer, peace officer, or an emergency medical
30technician, as defined in Division 2.5 (commencing with Section
P3    11797) of the Health and Safety Code, in the discharge or attempt
2to discharge any duty of his or her office or employment, when
3no other punishment is prescribed, shall be punished by a fine not
4exceeding one thousand dollars ($1,000), or by imprisonment in
5a county jail not to exceed one year, or by both that fine and
6imprisonment.

7(2) Except as provided by subdivision (d) of Section 653t, every
8person who knowingly and maliciously interrupts, disrupts,
9impedes, or otherwise interferes with the transmission of a
10communication over a public safety radio frequency shall be
11punished by a fine not exceeding one thousand dollars ($1,000),
12imprisonment in a county jail not exceeding one year, or by both
13that fine and imprisonment.

14(b) Every person who, during the commission of any offense
15described in subdivision (a), removes or takes any weapon, other
16than a firearm, from the person of, or immediate presence of, a
17public officer or peace officer shall be punished by imprisonment
18pursuant to subdivision (h) of Section 1170.

19(c) Every person who, during the commission of any offense
20described in subdivision (a), removes or takes a firearm from the
21person of, or immediate presence of, a public officer or peace
22officerbegin delete shall be punishedend deletebegin insert is guilty of a felony punishableend insert by
23imprisonment in state prison.

24(d) Except as provided in subdivision (c) and notwithstanding
25subdivision (a) of Section 489, every person who removes or takes
26without intent to permanently deprive, or who attempts to remove
27or take a firearm from the person of, or immediate presence of, a
28public officer or peace officer, while the officer is engaged in the
29performance of his or her lawful duties, shall be punished by
30imprisonmentbegin insert in a county jail not to exceed one year orend insert pursuant
31to subdivision (h) of Section 1170.

32In order to prove a violation of this subdivision, the prosecution
33shall establish that the defendant had the specific intent to remove
34or take the firearm by demonstrating that any of the following
35direct, but ineffectual, acts occurred:

36(1) The officer’s holster strap was unfastened by the defendant.

37(2) The firearm was partially removed from the officer’s holster
38by the defendant.

39(3) The firearm safety was released by the defendant.

P4    1(4) An independent witness corroborates that the defendant
2stated that he or she intended to remove the firearm and the
3defendant actually touched the firearm.

4(5) An independent witness corroborates that the defendant
5actually had his or her hand on the firearm and tried to take the
6firearm away from the officer who was holding it.

7(6) The defendant’s fingerprint was found on the firearm or
8holster.

9(7) Physical evidence authenticated by a scientifically verifiable
10procedure established that the defendant touched the firearm.

11(8) In the course of any struggle, the officer’s firearm fell and
12the defendant attempted to pick it up.

13(e) A person shall not be convicted of a violation of subdivision
14(a) in addition to a conviction of a violation of subdivision (b), (c),
15or (d) when the resistance, delay, or obstruction, and the removal
16or taking of the weapon or firearm or attempt thereof, was
17committed against the same public officer, peace officer, or
18emergency medical technician. A person may be convicted of
19multiple violations of this section if more than one public officer,
20peace officer, or emergency medical technician are victims.

21(f) This section shall not apply if the public officer, peace
22officer, or emergency medical technician is disarmed while engaged
23in a criminal act.

begin delete
24

SEC. 3.  

Section 243 of the Penal Code is amended to read:

25

243.  

(a) A battery is punishable by a fine not exceeding two
26thousand dollars ($2,000), or by imprisonment in a county jail not
27exceeding six months, or by both that fine and imprisonment.

28(b) When a battery is committed against the person of a peace
29officer, custodial officer, firefighter, emergency medical technician,
30lifeguard, security officer, custody assistant, process server, traffic
31officer, code enforcement officer, animal control officer, or search
32and rescue member engaged in the performance of his or her duties,
33whether on or off duty, including when the peace officer is in a
34police uniform and is concurrently performing the duties required
35of him or her as a peace officer while also employed in a private
36capacity as a part-time or casual private security guard or
37patrolman, or a nonsworn employee of a probation department
38engaged in the performance of his or her duties, whether on or off
39duty, or a physician or nurse engaged in rendering emergency
40medical care outside a hospital, clinic, or other health care facility,
P5    1and the person committing the offense knows or reasonably should
2know that the victim is a peace officer, custodial officer, firefighter,
3emergency medical technician, lifeguard, security officer, custody
4assistant, process server, traffic officer, code enforcement officer,
5animal control officer, or search and rescue member engaged in
6the performance of his or her duties, nonsworn employee of a
7probation department, or a physician or nurse engaged in rendering
8emergency medical care, the battery is punishable by a fine not
9exceeding two thousand dollars ($2,000), or by imprisonment in
10a county jail not exceeding one year, or by both that fine and
11imprisonment.

12(c) (1) When a battery is committed against a custodial officer,
13firefighter, emergency medical technician, lifeguard, process server,
14traffic officer, or animal control officer engaged in the performance
15of his or her duties, whether on or off duty, or a nonsworn
16employee of a probation department engaged in the performance
17of his or her duties, whether on or off duty, or a physician or nurse
18engaged in rendering emergency medical care outside a hospital,
19clinic, or other health care facility, and the person committing the
20offense knows or reasonably should know that the victim is a
21nonsworn employee of a probation department, custodial officer,
22firefighter, emergency medical technician, lifeguard, process server,
23traffic officer, or animal control officer engaged in the performance
24of his or her duties, or a physician or nurse engaged in rendering
25emergency medical care, and an injury is inflicted on that victim,
26the battery is punishable by imprisonment pursuant to subdivision
27(h) of Section 1170 for 16 months, 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
38imprisonment pursuant to subdivision (h) of Section 1170 for 16
39months, or two or three years, or by both that fine and
40imprisonment.

P6    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
P7    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.

P8    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
P9    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. 4.  

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 imprisonment in state prison.

end delete
31begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 244.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

32

244.5.  

(a) As used in this section, “stun gun” means any item,
33except a less lethal weapon, as defined in Section 16780, used or
34intended to be used as either an offensive or defensive weapon
35that is capable of temporarily immobilizing a person by the
36infliction of an electrical charge.

37(b) Every person who commits an assault upon the person of
38another with a stun gun or less lethal weapon, as defined in Section
3916780, shall be punished by imprisonment in a county jail for a
P10   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

begin deleteSEC. 5.end delete
15begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



O

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