SB-192 “Posse Comitatus” Law Set to Repeal Penal Code section 150 and Penal Code section 1550

On August 30, 2019, Governor Gavin Newsom approved SB-192.[1] SB-192 legislation officially repeals two statutes that are currently prosecutable under the California Penal Code. SB-192 will repeal Penal Code section 150 and Penal Code section 1550.

As the law currently stands, an able-bodied person of 18 years of age or older can be prosecuted for violating Penal Code section 150 and Penal Code section 1550 if they neglect or refuse to join the posse comitatus (“power of the county”) by neglecting or refusing to aid and assist in making an arrest, retaking into custody a person who has escaped from arrest or imprisonment, or preventing a breach of the peace or the commission of any criminal offense, after being lawfully required by a uniformed peace officer or a judge. These offenses were deemed misdemeanor offenses and violators were subject to a fine of not less than $50 and no more than $1000.

Penal Code section 150 was originally enacted in 1872 and was enacted at a time when peace officers had limited resources. The statues were enacted with the intention of requiring citizens to assist law enforcement, upon request, with effectuating an arrest. According to the Senate Committee on Public Safety, court records show that the law has not been invoked in the last 50 years.

Further, according to the Senate Committee on Public Safety, “the legislation has roots even farther back in other parts of the United States where federal marshals formed posses to hunt and recapture escaped slaves.” Thus, according to our current Legislature, this “‘posse comitatus’” law is a vestige of a bygone era, and when invoked, subjects our citizens to an untenable moral dilemma: join and potentially put one’s life at risk, or refuse and become a criminal. SB 192 does away with this unnecessary penalty and helps bring California law into the 21st century.”

As society advances, the Legislature is often tasked with reviewing and updating laws that no longer serve a valid interest or purpose. It appears that our California Legislature no longer believes that Penal Code section 150 is necessary and has taken steps towards updating our laws.

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

 

[1] Visit the following link for the full text:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB192

Categories: