AB 1538

Crimes: corruption

This bill makes it illegal for California public officials to punish or retaliate against people for exercising their constitutional rights. Officials found guilty could be removed from their position and permanently banned from holding public office.

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.