AB 2588: Crimes: obstruction of justice.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-28
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 sheriffs 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.
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 sheriffs 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.
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 sheriffs office, or public safety official, or that of the spouse or children of those persons, as specified.
This bill would broaden this crime to include taking those actions with the intent to cause intimidation, harassment, as defined, or a threat to inflict bodily harm in retaliation for the due administration of laws. The bill would also make this crime apply to those actions taken against an elected or appointed official, or the immediate family, as defined, of any of the officials listed above, and would make the crime apply to the release of a license plate or description of the vehicle of any of those individuals. 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.
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 sheriffs office, or public safety official, or that of the spouse or children of those persons, as specified.
This bill would broaden this crime to include taking those actions with the intent to cause intimidation, harassment, as defined, or a threat to inflict bodily harm in retaliation for the due administration of laws. The bill would also make this crime apply to those actions taken against an elected or appointed official, or the immediate family, as defined, of any of the officials listed above, and would make the crime apply to the release of a license plate or description of the vehicle of any of those individuals. 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.
(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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 XIIIB 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 XIIIB of the California Constitution.
(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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 sheriffs 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 XIIIB 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 XIIIB of the California Constitution.
(a)Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to cause intimidation, harassment, to, or threat to to, inflict bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address, telephone number, license plate, or a description of the vehicle of any elected or appointed official, address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or that of the spouse or 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 sheriffs 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 elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or the spouse or 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 sheriffs office, or public safety official, or the spouse or children 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)Elected or appointed official has the same meaning as defined in subdivision (f) of Section 6254.21 of the Government Code.(2)Harasses means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.(3)(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.
(4)(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 cause intimidation, harassment, to, or threat to to, inflict bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address, telephone number, license plate, or a description of the vehicle of any elected or appointed official, address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or that of the spouse or 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 sheriffs 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 elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or the spouse or 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 sheriffs office, or public safety official, or the spouse or children 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)Elected or appointed official has the same meaning as defined in Section 7290.500 of the Government Code.(2)Harasses means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. (3)(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.
(4)(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 XIIIB 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 XIIIB of the California Constitution.
(a)Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent to cause intimidation, harassment, or threat to inflict imminent physical bodily harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number address, telephone number, license plate, or a description of the vehicle of any elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or that of the spouse or children 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 sheriffs 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 elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or the spouse or children 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 sheriffs office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c)For purposes of this section, public safety official is defined in Section 6254.24 of the Government Code.(c)For the purposes of this section, the following terms have the following meanings:
(1)Elected or appointed official has the same meaning as defined in subdivision (f) of Section 6254.21 of the Government Code.
(2)Harasses means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(3)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.
(4)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 cause intimidation, harassment, or threat to inflict imminent physical 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, address, telephone number, license plate, or a description of the vehicle of any elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or that of the spouse or children 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 sheriffs 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, elected or appointed official, peace officer, nonsworn police dispatcher, employee of a city police department or county sheriffs office, or public safety official, or the spouse or children immediate family of these persons, that results in bodily injury to the peace officer, elected or appointed official, peace officer, nonsworn police dispatcher, employee of the city police department or county sheriffs office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(c)For purposes of this section, public safety official is defined in Section 7930.535 of the Government Code.(c)For the purposes of this section, the following terms have the following meanings:
(1)Elected or appointed official has the same meaning as defined in Section 7290.500 of the Government Code.
(2)Harasses means to engage in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(3)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.
(4)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 XIIIB 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 XIIIB of the California Constitution.
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Date
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Status
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| Sep 28, 2022 | Chaptered by Secretary of State - Chapter 697, Statutes of 2022. |
| Sep 28, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 4981.). |
| Aug 22, 2022 | Ordered to special consent calendar. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Jun 27, 2022 | In committee: Referred to suspense file. |
| Jun 14, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| May 25, 2022 | Referred to Com. on PUB. S. |
| May 12, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 12, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4659.) |
| May 5, 2022 | Read second time. Ordered to Consent Calendar. |
| May 4, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 4). |
| Apr 20, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| Apr 19, 2022 | Re-referred to Com. on PUB. S. |
| Apr 18, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 10, 2022 | Referred to Com. on PUB. S. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| Aug 23, 2022 | Special Consent AB2588 | Senate Floor |
Passed |
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| May 12, 2022 | AB 2588 Maienschein Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Bill Author
Bill Co-Author(s):