Bill Text: CA AB2588 | 2021-2022 | Regular Session | Chaptered


Bill Title: Crimes: obstruction of justice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State - Chapter 697, Statutes of 2022. [AB2588 Detail]

Download: California-2021-AB2588-Chaptered.html

Assembly Bill No. 2588
CHAPTER 697

An act to amend Section 146e of the Penal Code, relating to crimes.

[ Approved by Governor  September 28, 2022. Filed with Secretary of State  September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2588, Maienschein. Crimes: obstruction of justice.
Existing law makes it a crime to maliciously, and with the intent to obstruct justice or the due administration of laws, or with the intent or threat to inflict imminent bodily harm in retaliation for the due administration of the laws, to publish, disseminate, or otherwise disclose the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children of those persons, as specified.
The bill would make this crime apply to those actions taken against the immediate family, as defined, of any of the officials listed above. By expanding the scope of a crime, this bill would create 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 146e of the Penal Code, as amended by Section 257 of Chapter 15 of the Statutes of 2011, is amended to read:

146e.
 (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to, or threat to, inflict bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the immediate family of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, is guilty of a misdemeanor.
(b) A violation of subdivision (a) with regard to any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, that results in bodily injury to the peace officer, nonsworn police dispatcher, employee of the city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Immediate family” means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(2) “Public safety official” has the same meaning as defined in Section 6254.24 of the Government Code.

SEC. 2.

 Section 146e of the Penal Code, as amended by Section 330 of Chapter 615 of the Statutes of 2021, is amended to read:

146e.
 (a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to, or threat to, inflict bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the immediate family of these persons who reside with them, while designating the elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, is guilty of a misdemeanor.
(b) A violation of subdivision (a) with regard to any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, that results in bodily injury to the elected or appointed official, peace officer, nonsworn police dispatcher, employee of the city police department or county sheriff’s office, or public safety official, or the immediate family of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Immediate family” means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(2) “Public safety official” has the same meaning as defined in Section 7290.535 of the Government Code.

SEC. 3.

 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.
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