(a)(1)Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor.
(2)A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following
advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.
I have read and understood the above statement. | |
Complainant | |
(3)The advisory shall be available in multiple languages.
(b)Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out
his or her official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties.
Notes of Decisions
Walker v. Kiousis, 93 Cal. App. 4th 1432 (Cal. Ct. App. 2001).
· cites it 2× “5’s criminal counterpart, Penal Code section 148.6, unconstitutional under the same analysis.”
State v. Crawley, 819 N.W.2d 94 (Minn. 2012).
· cites it 2× “In Choker , the United States Court of Appeals for the Ninth Circuit held that a California statute, Cal. Penal. Code § 148.6 , criminalizing knowingly false reports of police misconduct violated the First Amendment for targeting “only knowingly false speech critical of peace…”
Grassilli v. Barr, 142 Cal. App. 4th 1260 (Cal. Ct. App. 2006).
· cites it 2× “September 1997 Criminal Prosecution Dismissed Based on Sergeant Mayfield’s report, the district attorney filed a misdemeanor complaint alleging two counts against Grassilli, each of which carried a one-year maximum jail term: (1) making a false report against an officer (Pen.…”
Hamilton v. City of San Bernardino, 325 F. Supp. 2d 1087 (C.D. Cal. 2004).
· cites it 2× “BACKGROUND On August 9, 2000, the court issued its order (“August 9, 2000 order”) denying the City’s motion to dismiss as to the fourth claim in Plaintiffs first amended complaint, which alleged that Cal.Penal Code § 148.6 (“Section 148.6”) violates the First Amendment.”
Gonzales v. Marriott Int'l, Inc., 142 F. Supp. 3d 961 (C.D. Cal. 2015).
“2005) (granting plaintiffs request to take judicial notice of the legislative history of California Penal Code § 148.6); Louie v. McCormick & Schmick Rest.”
Hamilton v. City of San Bernardino, 107 F. Supp. 2d 1239 (C.D. Cal. 2000).
“The watch commander at the station gave Plaintiff a complaint form and told Plaintiff that if he knowingly-filed a false complaint, he could be prosecuted under Cal.Pen.Code § 148.6 (“Section 148.6”). The watch commander also told Plaintiff that he had already talked to one of…”
Chaker v. Crogan, No. 03-56885 (9th Cir. Nov. 2, 2005).
· cites it 9× “In his habeas corpus peti- tion, Chaker alleges that California Penal Code section 148.6 violates the First Amendment.”
People v. Stanistreet, 93 Cal. App. 4th 469 (Cal. Ct. App. 2002).
“Penal Code section 148.6. [1] makes it a crime to knowingly make a false accusation of misconduct against a peace officer.”
(PC) Garcia v. Wallace, No. 2:20-cv-01453 (E.D. Cal. Aug. 4, 2021).
· cites it 2× “2 Plaintiff also states that he has entitlements under California Penal Code § 148.6 and Section 3391 of Title 15 of the 25 California Code of Regulation.”
Willis v. Taylor, No. 4:22-cv-03427 (N.D. Cal. July 7, 2023).
· cites it 2× “Cal. Penal Code § 148.6 (2019); 15 Cal. Code Regs.”
Chaker v. Superior Court, No. D075494 (Cal. Ct. App. Oct. 8, 2020).
“[6] 6 Chaker was granted habeas relief from his misdemeanor conviction for knowingly making a false statement of peace officer misconduct (former Penal Code section 148.6, subd. (a)(1)), on the ground that the statute impermissibly discriminated on the basis of a speaker’s…”
Cal. Penal Code § 148.6(a)(1): 2 cases
Cal. Penal Code § 148.6(a)(2): 1 case
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