AB 750: Crimes: perjury.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-23
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.
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.
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 when a peace officer includes a statement in a peace officer report 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.
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 when a peace officer includes a statement in a peace officer report 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.
Existing law expresses the intent of the Legislature that public institutions of higher education shall apply uniform rules in determining whether a student shall be classified as a resident or a nonresident. Existing law defines parent for purposes of student residency requirements.This bill would make a nonsubstantive change to the provision defining parent.Existing law expresses the intent of the Legislature that public institutions of higher education shall apply uniform rules in determining whether a student shall be classified as a resident or a nonresident. Existing law defines parent for purposes of student residency requirements.
This bill would make a nonsubstantive change to the provision defining parent.
(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.
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 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.
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 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 the contents of any statement that a peace officer includes in a peace officer report and attributes 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 that the statement to be false and is including the statement to present the statement as being true.
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 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 the contents of any statement that a peace officer includes in a peace officer report and attributes to any other person, unless the peace officer knows that statement to be false and is including the statement to present the statement as being true.
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.
SECTION 1.Section 68014 of the Education Code is amended to read:68014.Parent means the parent with whom the minor resides; or, if both parents are deceased, the minors legal guardian.Parent means the parent with whom the minor resides; or, if both parents are deceased, his or her the minors legal guardian.
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Date
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Status
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| Sep 23, 2021 | Chaptered by Secretary of State - Chapter 267, Statutes of 2021. |
| Sep 23, 2021 | Approved by the Governor. |
| Sep 10, 2021 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 3, 2021 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 3, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2391.). |
| Aug 31, 2021 | Ordered to special consent calendar. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 7. Noes 0.) (August 26). |
| Aug 16, 2021 | In committee: Referred to suspense file. |
| Jul 6, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 6). Re-referred to Com. on APPR. |
| Jun 9, 2021 | Referred to Com. on PUB. S. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1646.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| May 5, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 21, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Apr 13, 2021 | Re-referred to Com. on PUB. S. |
| Apr 12, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 26, 2021 | Re-referred to Com. on PUB. S. |
| Mar 25, 2021 | Referred to Com. on PUB. S. |
| Feb 17, 2021 | From printer. May be heard in committee March 19. |
| Feb 16, 2021 | Read first time. 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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| Sep 3, 2021 | Special Consent AB750 | Senate Floor |
Passed |
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| May 27, 2021 | AB 750 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):