Bill Text: CA AB2867 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 2867 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Criminal procedure: postconviction relief.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-27 - Chaptered by Secretary of State - Chapter 825, Statutes of 2018. [AB2867 Detail]

Download: California-2017-AB2867-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2867

Introduced by Assembly Member Gonzalez Fletcher

February 16, 2018

An act to amend Section 94.5 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2867, as introduced, Gonzalez Fletcher. Bribery: judges and commissioners of a court: solemnization of marriage.

Existing law makes it a misdemeanor for a judge, justice, commissioner, or assistant commissioner of a court to accept money or any other thing of value for performing a marriage, except for a fee for performing a marriage on Saturday, Sunday, or a legal holiday.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 94.5 of the Penal Code is amended to read:

94.5.

(a) Every judge, justice, commissioner, or assistant commissioner of a court of this state who accepts ~~any~~ money or any other thing of value for performing ~~any~~ a marriage, including ~~any~~ money or a thing of value voluntarily tendered by the persons about to be married or who have been married by ~~such~~ the judge, justice, commissioner, or assistant commissioner, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of ~~such~~ that money or ~~the~~ thing of value by the persons being married, is guilty of a misdemeanor.

(b) It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent.

~~This~~

(c) This section does not apply to the request ~~for~~ for, or acceptance of of, a fee expressly imposed by law for performance of a marriage or to the request or acceptance by ~~any~~ a retired judge, retired justice, or retired commissioner of a fee for the performance of a marriage. For the purposes of this section, a retired judge or retired justice sitting on assignment in court shall not be deemed to be a retired judge or retired justice.

~~This~~

(d) This section does not apply to an acceptance of a fee for performing a marriage on Saturday, Sunday, or a legal holiday.