OFFICE OF THE COMMISSIONERS FOR THE REVISION AND REFORM OF THE LAW, To his Excellency JAMES H. BUDD, Governor of the State of California: SIR: The undersigned herewith present the report of the Commissioners for the Revision and Reform of the Law, as required by the Act of the Legislature under which they were appointed. Owing to the unavoidable absence of Hon. Frank T. Baldwin, one of the Commissioners, during the preparation of the report, it contains those recommendations which have been agreed upon by the two other Commissioners. The general scope of the recommendations made is to embody in the Codes, as far as practicable, the many statutes in force, in their appropriate places therein. The mass and divergent character of such statutes is, however, so great, that the work of their codification is not complete. We have attempted to harmonize the many conflicting sections of the Codes, and to place all provisions appropriately therein. Many changes in the numbering of sections have been recommended, to afford numbers in proper chapters for duplicate-numbered sections, and for provisions of statutes in force which have in this revision been placed in the Codes. No disturbance has, however, been made in the numbering of those important and leading sections which have been made the subject of judicial decision. The enumeration of statutes in force has been reserved for a subsequent report. Proposed changes in the management of public institutions have been considered, and recommendations in that regard will be made to the Legislature at its coming session. The Commissioners are under obligations to the bench and bar of this State for many valuable suggestions. The report is submitted with the hope that it will be carefully examined by those interested, and especially by the legal profession, whose comments thereon will enable us to correct it where erroneous, and supply its deficiencies where incomplete. Respectfully submitted. RYLAND B. WALLACE, Commissioners for the Revision and Reform of the Law. 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. |