may be required to act in his official capacity, or gives, or offers, or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. En. February 14, 1872. Am'd. 1880, 7. The section is based upon Stats. 1863, 645, secs. 1, 2, which the code commissioners in their note say was "extended, however, to embrace what is known as 'logrolling,' or agreements to exchange votes for or against measures pending before the legislature; and also so as to embrace deceits and concealments practiced upon members of the legislature to obtain their votes." And they conclude: "That what, in the technical vocabulary of politicians, is termed 'log-rolling,' is a misdemeanor at common law, punishable by indictment.' § 87. Witnesses refusing to attend, etc., before the legislature. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn, or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. En. February 14, 1872. § 88. Bribes by members of the legislature. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state. En. February 14, 1872. § 89. Lobbying. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterward be used against him in any judicial proceeding, except for perjury in giving such testimony. En. Stats. 1873-4, 456. Am'd. 1880, 7. TITLE VII. OF CRIMES AGAINST PUBLIC JUSTICE. Chapter I. Bribery and Corruption, §§ 92-100. III. Escapes and Aiding Therein, §§ 105-111. V. Perjury and Subornation of Perjury, §§ 118 129. VI. Falsifying Evidence, §§ 132-138. VII. Other Offenses Against Public Justice, §§ 142181. VIII. Conspiracy, §§ 182-185. CHAPTER I. BRIBERY AND CORRUPTION. 92. Giving bribes to judges, jurors, referees, etc. 95. Improper attempts to influence jurors, referees, etc. 97. Justice or constable purchasing judgment. 98. Officers convicted of, disfranchised. 99. Superintendent of printing, interest in contracts, etc. 100. Superintendent of state printing, penalty for collusion. § 92. Giving bribes to judges, jurors, referees, etc. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Bribery of executive officers: See ante, sec. 67. um § 93. Receiving bribes by judicial officers, jurors, etc. Every judicial officer, juror, referee, arbitrator, or pire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matters or question which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Cal. Rep. Cit. 46, 652; 64, 436; 99, 328; 99, 330. § 94. Extortion. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Every judicial officer who shall ask or receive the whole or any part of the fees allowed by law to any stenographer or reporter appointed by him, or any other person, to record the proceedings of any court or investigation held by him, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit his office. Any stenographer or reporter, appointed by any judicial officer in this state, who shall pay, or offer to pay, the whole or any part of the fees allowed him by law for his appointment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the courts of this state. En. February 14, 1872. Am'd. 1895, 30. Extortion by executive officer: See ante, sec. 70. § 95. Improper attempts to influence jurors, referees, etc. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause or proceeding, pending or about to be brought before him, either: 1. By means of any communication, oral or written, had with him except in the regular course of proceedings; 2. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings; 3. By means of any threat, intimidation, persuasion, or entreaty; or, 4. By means of any promise, or assurance of any pecuniary or other advantage; -is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years. En. February 14, 1872. Am'd. 1873-4, 424. Cal. Rep. Cit. 61, 135; 64, 436; 121, 389. § 96. Misconduct of jurors, referees, etc. Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either: 1. Makes any promise or agreement to give a verdict or decision for or against any party; or, 2. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending before him, except according to the regular course of proceedings, is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years. En. February 14, 1872. Am'd. 1873-4, 42. Cal. Rep. Cit. 64, 436; 99, 330. § 97. Justice or constable purchasing judgment. Every justice of the peace or constable of the same township who purchases or is interested in the purchase of any judgment or part thereof on the docket of, or on any docket in possession of, such justice, is guilty of a misdemeanor. En. February 14, 1872. § 98. Officers convicted of, disfranchised. Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state. En. February 14, 1872. § 99. Superintendent of printing, interest in contracts, etc. The superintendent of state printing shall not, during his continuance in office, have any interest, either directly or indirectly, in any contract in any way connected with his office as superintendent of state printing; nor shall he, during said period, be interested either directly or indirectly, in any state printing, binding, engraving, lithographing, or other state work of any kind connected with his said office; nor shall he, directly or indirectly, be interested in any contract for furnishing paper, or other printing stock or material, to or for use in his said office; and any violations of these provisions shall subject him, on conviction before a court of competent jurisdiction, to imprisonment in the state prison for a term of not less than two years nor more than five years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or by both such fine and imprisonment. En. Stats. 1875-6, 19. Am'd. 1877-8, 11; 1895, 235. § 100. Superintendent of state printing, penalty for collusion. If the superintendent of state printing corruptly colludes with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persons, or has any secret understanding with him or them, by himself or through others, to defraud the state, or by which the state is defrauded or made to sustain a loss, contrary to the true intent and meaning of this chapter, he, upon conviction thereof, forfeits his office, and is subject to imprisonment in the state prison, for a term of not less than two years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment. En. Stats. 1875-6, 19. Am'd. 1905, 647. The change consists in the omission of the word "said" before "superintendent," the insertion of the word "chapter" in place of "act," and the omission of the phrase "in any court of competent jurisdiction," it being entirely unnecessary.-Code Commissioner's Note. Section 5 of an act entitled "An act to amend the Political and Penal Codes, concerning public printing, and for other purposes,'' approved April 3, 1876 (see Amendments 1875-6, 16), embraced sections 99 and 100 of the Penal Code. That act also amended a number of the sections of the Political Code, relating to the public printing, and the reference in section 100 is intended to be to that act, and not to the Penal Code. |