BILL NUMBER: AB 2587	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2012

   An act to amend Section 836.6 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2587, as introduced, Knight. Crime: escape.
   Existing law makes it unlawful for any person who has been
lawfully arrested by any peace officer and who knows, or by the
exercise of reasonable care should have known, that he or she has
been lawfully arrested by a peace officer, to thereafter escape or
attempt to escape from that peace officer. A person who violates this
provision is guilty of a misdemeanor punishable by imprisonment in a
county jail not to exceed one year. If the escape or attempted
escape is by force or violence, and the person proximately causes a
peace officer serious bodily injury, existing law requires that the
person be punished by imprisonment in a county jail for 2, 3, or 4
years, as specified, or by imprisonment in a county jail not to
exceed one year.
   This bill would make technical, nonsubstantive changes to the
provision making it unlawful for any person who has been lawfully
arrested by any peace officer and who knows, or by the exercise of
reasonable care should have known, that he or she has been lawfully
arrested by that peace officer, to thereafter escape or attempt to
escape from that peace officer.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 836.6 of the Penal Code is amended to read:
   836.6.  (a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other police agency, to thereafter escape or
attempt to escape from that custody.
   (b) It is unlawful for any person who has been lawfully arrested
by any peace officer and who knows, or by the exercise of reasonable
care should have known, that he or she has been  so 
 lawfully  arrested  by that peace officer  , to
thereafter escape or attempt to escape from that peace officer.
   (c) Any person who violates subdivision (a) or (b) is guilty of a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year. However, if the escape or attempted escape is by
force or violence, and the person proximately causes a peace officer
serious bodily injury, the person shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years, or by imprisonment in a county jail not to exceed one year.