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California Folks - False Complaint Law

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  • California Folks - False Complaint Law

    Back around 2006 or so, the 9th District threw out the law that prohibited making a false complaint against a police officer.

    I just got an inquiry from someone who said they believed the California Legislature passed the same law again last year and that it went into effect on January 1, 2013.

    I found 148.6 PC on the books, but I don't know if this is new legislation or the old law that the 9th Distirct threw out many years back.

    http://www.leginfo.ca.gov/cgi-bin/di...0&file=142-181

    Can anyone clarify?
    Going too far is half the pleasure of not getting anywhere

  • #2
    This is the 2010 penal code: http://law.justia.com/codes/californ...n/142-181.html

    You'll notice that the exact section is still in there. So to answer your question: I've got no clue.

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    • #3
      TO L-1: Here is an update version (22 Feb 2013) that I found.............

      CPC 148.6
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

      Comment


      • #4
        According to everything I've read on it, the 9th "nullified" the law. But, since the law is stil on the books I don't think it means a whole lot.

        The case is Crogan v. Chaker, 05-1118.

        http://legacy.utsandiego.com/news/na...omplaints.html

        CPOA has a memorandum on the ruling:

        http://www.scribd.com/doc/15647492/C...haker-v-Crogan
        Last edited by JustAJ; 05-15-2013, 09:04 AM.

        Comment


        • #5
          Originally posted by SgtCHP View Post
          TO L-1: Here is an update version (22 Feb 2013) that I found.............

          CPC 148.6
          I saw that last night and the revision date threw me. If the Legislature had passed it as a new law last year, the revised date would have been January 1, 2013, when new laws go into effect. My guess was that February 22nd was the date the webpage had been revised. That's why I was trying to figure out if new legislation had been passed.
          Going too far is half the pleasure of not getting anywhere

          Comment


          • #6
            Originally posted by JustAJ View Post
            According to everything I've read on it, the 9th "nullified" the law. But, since the law is stil on the books I don't think it means a whole lot.
            We're on the same page unless new legislation is passed. Then the game starts all over again pending a new court decision on the new legislation. That's why I am trying to figure out if new legislation has been passed. Unfortunately there is no website that tells you when a particular law was enacted. The Cal Senate website list current and previous Senate and Assembly bills, but unless you know the bill number, you have no idea what the legislation was about.
            Going too far is half the pleasure of not getting anywhere

            Comment


            • #7
              L-1, I think the reason the law is still listed there is because (b) is still good law, so the legislature never went to the trouble to remove the invalid portions.

              This is the most current online addition of the penal code and it shows the law has not been amended since 2001

              http://leginfo.legislature.ca.gov/fa...edbranch.xhtml

              Remember this is the same state that left 647(e) P.C. unaltered until just last year after it had been ruled unconstitutional over 25 years ago.......
              Today's Quote:

              "The difference between stupidity and genius is that genius has its limits."
              Albert Einstein

              Comment


              • #8
                Working here in Ny and with the multiple possibilities of being sued, I will never understand why can't law be passed that supports LEO's against false lawsuits. I don't know if California has CCRB (Citizens Complaint Review Board) but here in NYC it's big. Anyone can unfairly target LEO's for nonsense. Soething has to be done to show support for US.

                Comment

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