BILL ANALYSIS
AB 999
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Date of Hearing: April 19, 2005
Counsel: Kimberly Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 999 (La Malfa) - As Introduced: February 22, 2005
SUMMARY : States that the elements defining the crime of
"attempted murder of a police officer or firefighter" and the
penalties included also apply to the attempted murder of a
custodial officer.
EXISTING LAW :
1)Provides that any person who attempts to commit a crime where
the maximum sentence is life imprisonment or death is guilty
of a felony, punishable by five, seven, or nine years in state
prison. However, if the crime attempted is willful,
deliberate, and premeditated murder, the person guilty of the
attempt shall be punished by imprisonment in the state prison
for life with the possibility of parole. [Penal Code Section
664(a).]
2)Provides that if an attempted murder is committed upon a peace
officer or firefighter and the defendant knew or reasonably
should have known that the victim was so employed and engaged
in the performance of his or her duties, the defendant shall
be punished by imprisonment in the state prison for life with
the possibility of parole. [Penal Code Section 664(e).]
3)Provides that if an attempted murder is committed upon a peace
officer or firefighter and it is also proved that the offense
was willful, deliberate and premeditated, the defendant shall
be punished by imprisonment in the state prison for
15-years-to-life. [Penal Code Section 664(f).]
4)Provides that a custodial officer is a public officer, not a
peace officer, employed by a law enforcement agency for
maintaining custody of prisoners and performing tasks related
to the operation of local detention facilities. (Penal Code
Section 831.5.)
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5)Specifies that a custodial officer includes a person
designated as a correctional officer, jailer, or other similar
title. The duties of a custodial officer may include the
serving of warrants, court orders, writs, and subpoenas in the
detention facility or under circumstances arising directly out
of maintaining custody of prisoners and related tasks. [Penal
Code Section 831.5(a).]
6)Denies a custodial officer the right to carry or possess
firearms in the performance of one's duties, except under the
direction of the sheriff or chief of police, while assigned as
a court bailiff, engaging in transporting prisoners, guarding
hospitalized prisoners, suppressing jail riots, lynchings,
escapes, or rescues. A custodial officer is not authorized to
carry or possess a firearm while not on duty. [Penal Code
Section 831.5(b).]
7)Permits a custodial officer to use reasonable force in
maintaining custody of prisoners, to make arrests for
misdemeanors and felonies within a local detention facility
pursuant to a warrant, to make certain warrantless arrests,
and to release specified misdemeanor offenders. [Penal Code
Section 831.5(f).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Working in a
correctional facility is sometimes called the 'toughest beat
in California'. This bill makes the penalty for attempted
murder of a custodial officer, otherwise known as a
'jailer/correctional officer', the same as the penalty for
attempted murder of a peace officer or firefighter.
"Under existing law, if a person attempts to murder a custodial
officer the penalty is five, seven or nine years unless it is
deemed premeditated, in which case the penalty is life in
prison with possibility of parole. The penalty for attempted
murder of a peace officer, by comparison, is life in prison
with possibility of parole regardless of whether or not the
crime was premeditated.
"While the distinction in the penalty is clear, the distinction
in the job description between peace officers and custodial
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officers often is not. Custodial officers provide a number of
functions under the direction of the county sheriff, including
serving as bailiffs and correctional officers or jailers.
While serving in these capacities, they wear uniforms and
represent the law just as a deputy sheriff would within the
confines of a correctional facility.
"Custodial officers are viewed as the law and treated as the
law, but do not receive the same protections under the law
that peace officers do even though they may perform similar
functions in equally hostile environments.
"Tim Renault from Shasta County was a correctional officer in my
district. He was attacked by two inmates and nearly killed.
The role of jailers and correctional officers is critical to
society and the threats they face on the job are real. This
bill is an attempt to give them equal footing under the law.
"This bill is a common-sense measure that brings equality to the
penalty for attempted murder. Working in jails with ruthless
criminals is a difficult, dangerous job. We need to make it
clear to inmates that an attempt on the life of a custodial
officer is as serious as one on a peace officer that could
result in the rest of their lives being spent in jail."
2)Background : The author states, "Custodial officers do a job
that is similar to that of law enforcement. In most
circumstances, such as working in jails, this work puts them
in danger. However, current law penalizes the attempted
murder of a custodial officer differently than attempted
murder of a peace officer or firefighter. This bill would
allow for the same penalty to be applied in cases of attempted
murder of a custodial officer as it is for attempted murder of
a peace officer or firefighter."
3)Attempted Murder : As described in the analysis of a similar
bill, AB 108 (La Malfa), or the 2003-04 Legislative Session,
"Because the crime of murder is punishable by life
imprisonment or death, existing law provides that attempted
murder is punishable by five, seven, or nine years in state
prison. In order to prove attempted murder, the prosecution
must prove the existence of a direct but ineffectual act
towards killing another human being and that the person
committing the act harbored express malice aforethought,
namely, a specific intent to kill. Thus, the foregoing
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penalty would apply to the attempted murder of a custodial
officer. If the victim of an attempted murder is a peace
officer or firefighter and the defendant either knew or
reasonably should have known that the victim was engaged in
the performance of his or her duties, the penalty is life in
prison with the possibility of parole. Generally, no prisoner
imprisoned under a life sentence may be paroled until he or
she has served a term of at least seven calendar years.
"This bill amends Penal Code Section 664 so that the attempted
murder of a custodial officer is treated the same as the
attempted murder of a peace officer. It is important to note
that existing law provides for an indeterminate state prison
sentence of life with the possibility of parole if an
attempted murder was willful, deliberate, and premeditated.
If a custodial officer was the victim of such an attempt, the
defendant would be subject to imprisonment for life with the
possibility of parole. The attempted willful, deliberate, and
premeditated murder of a peace officer or firefighter is
punishable by 15-years-to-life. Moreover, the defendant may
not be released prior to serving 15 years of confinement.
This bill amends Penal Code Section 664 so that the willful,
deliberate, and premeditated attempted murder of a custodial
officer is treated the same as if the victim was a peace
officer."
4)Prior Legislation : AB 108 (La Malfa), of the 2003-04
Legislative Session, applied enhanced penalties for the
attempted murder of a peace officer or firefighter to a
custodial officer. AB 108 failed passage in the Senate
Committee on Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
AB 999
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