Bill Text: CA AB750 | 2021-2022 | Regular Session | Chaptered
Bill Title: Crimes: perjury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-09-23 - Chaptered by Secretary of State - Chapter 267, Statutes of 2021. [AB750 Detail]
Download: California-2021-AB750-Chaptered.html
Assembly Bill
No. 750
CHAPTER 267
An act to repeal and add Section 118.1 of the Penal Code, relating to crimes.
[
Approved by
Governor
September 23, 2021.
Filed with
Secretary of State
September 23, 2021.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 750, Jones-Sawyer.
Crimes: perjury.
Existing law prohibits a peace officer from making a false statement in a peace officer report, as specified. Existing law exempts from this prohibition any statement in a report that is attributed to a third party. Under existing law, a violation of this prohibition is punishable as either a misdemeanor or a felony.
This bill would additionally make it a crime for a peace officer to make a false statement to another peace officer if that statement is included in a peace officer report. The bill would clarify that the exemption for third party statements does not apply to the peace officer writing or making the
report, with regard to a false statement that the peace officer included in the report that is attributed to any other person, if the peace officer knows the statement is false and is including the statement to present the statement as being true.
By expanding the scope of an existing crime, this bill 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 118.1 of the Penal Code is repealed.SEC. 2.
Section 118.1 is added to the Penal Code, to read:118.1.
(a) Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.(b) This section does not apply to
a peace officer writing or making a peace officer report, with regard to a false statement that the peace officer included in the report that is attributed to any other person, unless the peace officer writing or making the report knows the statement to be false and is including the statement to present the statement as being true.
