BILL NUMBER: SB 1535	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 24, 2012

   An act to amend Section 142 of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1535, as introduced, Padilla. Crime: county jails.
   Existing law makes a peace officer who has the authority to
receive or arrest a person charged with a criminal offense and who
willfully refuses to receive or arrest that person guilty of a crime,
punishable by a fine not to exceed $10,000, imprisonment in a county
jail, as specified, as either a misdemeanor or a felony, or by both
that fine and imprisonment. Existing law also authorizes a sheriff to
determine whether a jail, institution, or facility under his or her
direction is designated as a reception, holding, or confinement
facility and to designate the class of prisoners for which the
facility is used.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 142 of the Penal Code is amended to read:
   142.  (a)  Any   A  peace officer who
has the authority to receive or arrest a person charged with a
criminal offense and willfully refuses to receive or arrest that
person shall be punished by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year, or pursuant to subdivision (h) of Section 1170, or by both that
fine and imprisonment.
   (b) Notwithstanding subdivision (a), the sheriff may determine
whether  any   a  jail, institution, or
facility under his or her direction shall be designated as a
reception, holding, or confinement facility, or shall be used for
several of those purposes, and may designate the class of prisoners
for which  any   a  facility shall be used.

   (c) This section shall not apply to arrests made pursuant to
Section 837.