AMENDED IN ASSEMBLY APRIL 12, 2021

AMENDED IN ASSEMBLY MARCH 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

95

CHAPTER 267

Statutes of 2021

[ Approved by Governor September 23, 2021. Filed with Secretary of State September 23, 2021. ]

Introduced by Assembly Member Jones-Sawyer

February 16, 2021

An act to repeal and add Section 118.1 of the Penal Code, relating to crimes.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

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.

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Section 118.1 of the Penal Code is repealed.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.

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 XIII B of the California Constitution.