BILL NUMBER: AB 1972	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 17, 2010

   An act to amend Section 148 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1972, as introduced, Carter. Crimes: offenses against public
justice.
   Existing law requires that every person who willfully resists,
delays, or obstructs any public officer, peace officer, or emergency
medical technician in the discharge or attempt to discharge any duty
of his or her office or employment, when no other punishment is
prescribed, be punished by a fine not exceeding $1,000, or by
imprisonment in a county jail not exceeding one year, or by both the
fine and imprisonment.
   This bill would add school security officers, as defined, to the
list of persons that it is a crime to willfully resist, delay, or
obstruct in the discharge or attempted discharge of any duty of his
or her office or employment. The bill would also make conforming and
technical changes. Because this bill would expand the scope of a
crime, it 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:

  SECTION 1.  Section 148 of the Penal Code is amended to read:
   148.  (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer,  school security
officer, as defined in Section 38001.5 of the Ed   ucation
Code,  or an emergency medical technician, as defined in
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code, in the discharge or  attempt to  
attempted  discharge  of  any duty of his or her office
or employment, when no other punishment is prescribed, shall be
punished by a fine not exceeding one thousand dollars ($1,000), or by
imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.
   (2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
   (b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison.
   (c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment in the state prison.
   (d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or in the state
prison.
   In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
   (1) The officer's holster strap was unfastened by the defendant.
   (2) The firearm was partially removed from the officer's holster
by the defendant.
   (3) The firearm safety was released by the defendant.
   (4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
   (5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
   (6) The defendant's fingerprint was found on the firearm or
holster.
   (7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
   (8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
   (e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer,  school
security officer,  or emergency medical technician. A person
may be convicted of multiple violations of this section if more than
one public officer, peace officer,  school security officer,
 or emergency medical technician are victims.
   (f) This section shall not apply if the public officer, peace
officer,  school security officer,  or emergency medical
technician is disarmed while engaged in a criminal act.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.