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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Is there a law that states that a law enforcement officer ...

Resolved Question:

Is there a law that states that a law enforcement officer (policeman or sheriff) is not able to accept a loan or a gift of money from a family member or close friend when he has a debt? If so why not? They are regular people after all.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

Dear fisheye54

The CA Ethics Code does govern those who are elected or appointed and you can read that HERE - it is specific to "any Member of the Legislature, state elective or
appointive officer, or judge or justice..." and futher the following:

8921. A person subject to this article has an interest which is in
substantial conflict with the proper discharge of his duties in the
public interest and of his responsibilities as prescribed in the laws
of this state or a personal interest, arising from any situation,
within the scope of this article, if he has reason to believe or
expect that he will derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of his official
activity. He does not have an interest which is in substantial
conflict with the proper discharge of his duties in the public
interest and of his responsibilities as prescribed in the laws of
this state or a personal interest, arising from any situation, within
the scope of this article, if any benefit or detriment accrues to
him as a member of a business, profession, occupation, or group to no
greater extent than any other member of that business, profession,
occupation, or group.

Additionally, the following criminal charges can be sought

Section 93 of the CA Penal Code

Accepting of bribes by a judicial officer, juror, referee, arbitrator, or umpire, 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 or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or
four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000),
whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater.
(b) In imposing a restitution fine under this section, the court shall consider the defendant's ability to pay the fine.

Penalty

2-4 years. If bribe not actually received, $2,000-$10,000. If bribe received, actual amount or $2,000, whichever is greater, or any larger amount of not more than double the amount of any bribe received $10,000, whichever is greater.

Neither of those laws state that someone cannot take a loan from a family member, etc. There are "ethics disclosure forms" that elected officials (and perhaps police, too, depending on the policy of the department) must file out which show what their debts are, outstanding loans, etc and also gifts that have been received usually in an amount above $25 must be reported. This is public information and reports can be viewed at the State Ethics Commission.

The reason for this is to prevent bribes for favors and/or any appearance of impropriety.

Best to you,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

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