Territorial Aggression - Expanding California's Penal Code Regarding Assault and Battery of Code Enforcement Officers
![handle is hein.journals/mcglr35 and id is 624 raw text is: Territorial Aggression? Expanding California's Penal Code
Regarding Assault and Battery of Code Enforcement
Officers
Roy Shannon
Code Sections Affected
Penal Code §§ 241, 243 (amended).
SB 919 (Ortiz); 2003 STAT. Ch. 274.
I. INTRODUCTION: A RUN THROUGH THE JUNGLE
Everyone knows the dangers faced by police officers in the performance of
their duties, but code enforcement officers often face the same perils to life and
limb.' Threats to kill and injure code enforcement professionals are apparently
relatively commonplace. For example, one man accosted a city supervisor and
threatened to kill a code enforcement officer working under the supervisor's
direction.' Another county inspector received voice mail death threats and was
confronted by a machete wielding property owner.4 A San Diego health inspector
was about to give inspection results to someone when the man placed a sawed-
off shotgun on the desk and stated go ahead and tell me what you found.5
Similar to police officers, code enforcement officers are tasked with
enforcing the regulations and standards of state and local governments.6 Unlike
police officers, however, code enforcement officers are not peace officers
under California law and are not empowered to effect arrests or to carry weapons
in the course of duty.7 Interestingly, while there is a general lay understanding of
what a code enforcement officer does, there is no adequately precise legal
1. See Scott Hadly, Inspectors Are Learning Code of Cautiousness; Safety: Government Enforcement
Officers Face Threats, Assaults, Sometimes Death As They Make Their Rounds, L.A. TIMES, Jan. 21, 1996, at
B I (reporting the atmosphere of dangerous physical risks code enforcement officers face at work on a routine
basis).
2. Id.
3. See Alice Boozer, Camarillo Man Jailed over Alleged Threat, VENTURA COUNTY STAR, Feb. 14,
1995, at 01 (describing how Tomas Guerra entered Camarillo City Hall, found Code Supervisor John
McCurley, and told him he would kill the inspector who cited him for repairing a roof without a permit).
4. See Jeanne Bailey, Code Enforcement Officers Seek Protection, VENTURA COUNTY STAR, Dec. 30,
1995, at Al (describing assaults and threats on code officers in Ventura County).
5. See CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT & CALIFORNIA ENVIRONMENTAL HEALTH
ASSOCIATION, 2001 SURVEY RESULTS 8 (2002) [hereinafter SURVEY RESULTS] (copy on file with the
McGeorge Law Review) (reporting the testimonials of code enforcement officers about dangerous experiences
in the field).
6. See SENATE COMMITTEE ON PUBLIC SAFETY, COMMITTEE ANALYSIS OF SB 919, at 4 (Apr. 29, 2003)
(describing the general duties mandated to code enforcement officials).
7. CAL. PENAL CODE §§ 830-32.6 (West 2003).](ViewImageLocal?handle=hein.journals/mcglr35&div=44&collection=&method=preview&ext=.png&size=3)
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Territorial Aggression - Expanding California's Penal Code Regarding Assault and Battery of Code Enforcement Officers
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