AB 1538

Introduced by Assembly Member Krell
(Coauthors: Assembly Members Ahrens, Lee, Macedo, Quirk-Silva, Blanca Rubio, and Wilson)
 An act to add Section 177 to the Penal Code, relating to crimes.
crimes
Crimes: corruption.
Existing law makes it a misdemeanor to, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part, because of one or more of specified actual or perceived characteristics of the victim, including disability, gender, religion, race, or sexual orientation.
This bill would make it a crime for an elected or appointed official, under color of authority, to retaliate or exert political retribution, as defined, against a person for exercising a constitutionally protected right. The bill would make a violation of this crime punishable by forfeiture of office. The bill would specify that these provisions do not apply to the hiring or personnel decisions of elected or appointed officials that are relative to an employee or prospective employee of that elected or appointed official. By creating a new crime, the 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 177 is added to the
Penal Code
, to read:
177.
(a) It is unlawful for an elected or appointed official, under color of authority, to retaliate or exert political retribution against a person for exercising a state or federal constitutional right, with the intent to suppress another from continuing to exercise a state or federal constitutional right.
(b) A violation of this section is punishable by forfeiture of office.
(c) For purposes of this section, the following shall apply:
(1) “Retaliation” means intentionally engaging in acts of reprisal, threats, coercion, or similar acts against another, including organizations.
(2) “Political retribution” means intentionally using governmental or institutional authority to engage in acts of reprisal, threats, coercion, or similar acts against another, including organizations.
(d) This section does not apply to the hiring or personnel decisions of an elected or appointed official relative to an employee or prospective employee of that elected or appointed official. This section does not remove any protection or recourse available for an
						employee or prospective employee to remedy a wrongful employment action.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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.