PROPOSED AMENDMENTS TO THE

PENAL CODE.

SECTION 15. To be amended to read as follows:

Sec. 15. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death;

2. Imprisonment;

3. Fine;

4. Removal from office;

5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State;

6. Other penal discipline.

NOTE. The amendment is the addition of, "Other penal discipline," which is desirable because in all offenses of minors the court, in its discretion, may commit the offender to a charitable institution or person willing to receive him. (See Section 1388, this Code.)

SECTION 18. To be amended to read as follows:

Sec. 18. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five years, or by a fine of not exceeding one thousand dollars, or by both.

NOTE. The amendment allows the court, in its discretion, to punish by fine, or by both fine and imprisonment.

SECTION 22. To be amended to read as follows:

Sec. 22. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act; but evidence of such intoxication must be received with great caution.

NOTE.-The amendment is the addition of, "but evidence of such intoxication must be received with great caution," which makes the section conform to the decision in People vs. Vincent, 95 Cal.

SECTION 27. To be amended to read as follows:

Sec. 27. The following persons are liable to punishment under the laws of this State:

1. All persons who commit, in whole or in part, any crime within this State;

2. All who commit without this State any offense which, if committed within this State, would be larceny or robbery under the laws of this State; and bring to, or are found with, the property stolen, or feloniously appropriated, within this State;

3. All who, being out of this State, cause or aid, advise or encourage, another person to commit a crime within this State, and are afterward found therein;

4. All who, being out of this State, abduct or kidnap, by force or fraud, any person, contrary to the law of the place where such act is committed, and bring, send, or convey, such person within the limits of this State, and are afterward found therein;

5. All who leave the State for the purpose of committing a crime, and actually commit the same outside this State, as provided in this Code, and are afterward found therein.

SECTION 28. A new section to be added to read as follows:

Presumption of responsibility for acts.

Sec. 28. A person is presumed to be responsible for his acts. The burden of proving that he is irresponsible is upon the accused person, except as otherwise prescribed by this Code.

SECTION 29. A new section to be added to read as follows:

Morbid criminal propensity no defense.

Sec. 29. A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to be incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor.

SECTION 63. A new section to be added to read as follows:

Prohibiting the sale of intoxicating liquors on election day.

on

Sec. 63. Every person keeping a public house, saloon, or drinkingplace, either licensed or unlicensed, who shall sell, give away, or furnish spirituous or malt liquors, wine, or any other intoxicating beverages, any part of any day set apart, or to be set apart, for any general or special election, by the citizens, in any election district or precinct, in any of the counties within this State, where an election is in progress, during the hours when by law in said district or precinct the election polls are required to be kept open, is guilty of a misdemeanor.

NOTE. This section contains the provisions of "An Act to prevent the sale of intoxicating liquors on election days," approved March 7, 1874.

SECTION 68. To be amended to read as follows:

Sec. 68. Every executive officer, or person elected or appointed to, or a candidate or applicant for, an executive office, who asks, receives, or agrees to receive, any bribe, emolument, gratuity, or reward, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him, in his official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for a term of not less than one, nor more than fourteen, years, and in addition thereto forfeits his office, and is forever disqualified from holding any office in this State.

NOTE. This amendment is to include in the offense prohibited by the statute the taking of bribes by a candidate, or applicant, prior to his election or appointment.

SECTION 70. To be amended to read as follows:

Sec. 70. Every executive or ministerial officer who knowingly asks or receives any bribe, emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing, or having theretofore done, any official act, is guilty of a misdemeanor.

NOTE. This amendment is suggested by the case of People vs. Kalloch, 60 Cal.

117.

SECTION 76. To be amended to read as follows:

Sec. 76. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilates, destroys, or takes away the same, or willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, any money in his custody as such officer, shall be punished by imprisonment in the state prison for not less than one, nor more than ten, years.

NOTE.-The amendment makes the section apply to moneys in the custody of an officer where he refuses to turn over the same to his successors. The present section does not apply to such moneys. (See People vs. Hamilton, 103 Cal. 495.)

SECTION 78, of Part I, Title V. A new section to be added to read as follows:

Intoxication of officers.

Sec. 78. Any State officer, or officer of a town, village, city, county, or city and county, who shall be intoxicated while in the discharge of the duties of his office, or who, by reason of intoxication, is disqualified for the discharge, or neglects the duties of his office, shall be guilty of a

misdemeanor, and, on conviction of such misdemeanor, shall forfeit his office.

NOTE.-This section is taken from "An Act relating to the intoxication of officers," approved April 15, 1880.

SECTION 99. To be amended to read as follows:

Sec. 99. Every Superintendent of State Printing, who, during his continuance in office, shall have any interest, directly or indirectly, in any printing of any kind, binding, engraving, or lithographing, connected with the State printing, or in any contract for furnishing paper, or other printing stock or material connected with the State printing, is punishable by imprisonment in the state prison for not less than two, nor more than five, years, or by a fine of not less than one thousand nor more than three thousand dollars, or by both such fine and imprison

ment.

SECTION 100. To be amended to read as follows:

Sec. 100. Every Superintendent of State Printing who shall corruptly collude with any person or persons furnishing paper or materials, or bidding therefor, or with any person or persons furnishing materials connected with the State printing, or who shall have a secret understanding with any person or persons to defraud the State, or by which the State shall be defrauded, or made to sustain a loss, shall, upon conviction thereof, forfeit his office and is punishable by imprisonment in the state prison for not less than two years, or by a fine of not less than one thousand nor more than three thousand dollars, or by both such fine and imprisonment.

SECTION 119. To be amended to read as follows:

Sec. 119. The term "oath," as used in the last section, includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated, and also the signing of an instrument with the intention that the seal of an officer, authorized to administer oaths, shall be afterward affixed thereto, so as to make such instrument appear as duly and legally sworn to by the person signing.

SECTION 124. To be amended to read as follows:

Making depositions, etc., when deemed complete.

Sec. 124. The making of a deposition, affidavit, or certificate is deemed to be complete within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.

NOTE. The effect of this amendment is to make false statements in an affidavit come under the provisions of this section.