1,000 signatures reached
To: California State Governor, Senators, and Assembly Members
Proposed CA Legislation for Third Degree Murder for Police Negligence of Citizens in Custody
Address police negligence by increasing the penalties for the death of US Citizens in custody by adding a "Third Degree Murder" option to the California Penal Code.
I have drafted the following language for your consideration:
California Penal Code
PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. )
TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. )
CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )
189 (b) All other kinds of murders are of the second degree unless committed by a peace officer or his designee during time of detainment, citing third degree murder
189.2 MURDER IN THE THIRD DEGREE.
All murder that occurs while the victim is in custody of a peace officer and detained, causes the death of that citizen by perpetrating an act eminently dangerous to the victim, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for a minimum of 5 years and not more than 25 years.
As an example: A California peace officer detains a US Citizen and has them in custody. The officer then proceeds to restrain that person in custody in a manner that acts without regard to that citizen’s life, and as a direct result that citizen is killed.
I have drafted the following language for your consideration:
California Penal Code
PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. )
TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248] ( Title 8 enacted 1872. )
CHAPTER 1. Homicide [187 - 199] ( Chapter 1 enacted 1872. )
189 (b) All other kinds of murders are of the second degree unless committed by a peace officer or his designee during time of detainment, citing third degree murder
189.2 MURDER IN THE THIRD DEGREE.
All murder that occurs while the victim is in custody of a peace officer and detained, causes the death of that citizen by perpetrating an act eminently dangerous to the victim, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for a minimum of 5 years and not more than 25 years.
As an example: A California peace officer detains a US Citizen and has them in custody. The officer then proceeds to restrain that person in custody in a manner that acts without regard to that citizen’s life, and as a direct result that citizen is killed.
Why is this important?
There are currently only three states that identify Murder in the third degree (Florida, Minnesota, Pennsylvania), California is not one of them. The State of California Penal Code is specific, and covers a broad range of murder definitions, however it does not identify any requirement for peace officers to act in the protection of citizens in their custody. This is an opportunity for the State of California to positively respond to the events of the last decade and make a clear change. This action will also provide local law enforcement the ability to swiftly address and enforce self-governance in a way that may prevent future public protest and ensure a just and lawful review of events in a court of law.
How it will be delivered
By letter to my local and State government officials.