CALCRIM No. 602

Officer, or Custody Assistant (Pen. Code, §§ 21a, 664(e))

If you find the defendant guilty of attempted murder [under Count

], you must then decide whether the People have proved the

additional allegation that (he/she) attempted to murder a (peace officer/

firefighter/custodial officer).

To prove this allegation, the People must prove that:

1. <insert offıcer’s name, excluding title> was a (peace

officer/firefighter/custodial officer/custody assistant/nonsworn

uniformed employee of a sheriff’s department) lawfully

performing (his/her) duties as a (peace officer/firefighter/custodial

officer/custody assistant/nonsworn uniformed employee of a

sheriff’s department);

AND

2. When the defendant attempted the murder, the defendant knew,

or reasonably should have known, that <insert

offıcer’s name, excluding title> was a (peace

officer/firefighter/custodial officer/custody assistant/nonsworn

uniformed employee of a sheriff’s department) who was

performing (his/her) duties.

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g, “designated by the director of the agency as a peace

offıcer”> .]

[The duties of (a/an) <insert title of peace offıcer , firefighter ,

custodial offıcer , custody assistant or nonsworn uniformed employee of a

sheriff’s department> include <insert job duties>.]

[A firefighter includes anyone who is an officer, employee, or member of

a (governmentally operated (fire department/fire protection or

firefighting agency) in this state/federal fire department/federal fire

protection or firefighting agency), whether or not he or she is paid for his

or her services.]

[A custodial officer is someone who works for a law enforcement agency

of a city or county, is responsible for maintaining custody of prisoners,

and helps operate a local detention facility. [[A/An] (county jail/city jail/

<insert other detention facility>) is a local detention facility.]

[A custodial officer is not a peace officer.]]

<If the custodial offıcer is employed by a law enforcement agency of San

Diego County, Fresno County, Kern County, Stanislaus County, Riverside

County, Santa Clara County, or a county having a population of 425,000 or

less, give the following sentence in place of the definition above.>

[A person designated as (a/an) (correctional officer/jailer/

<insert similar title>) employed by the county of <insert

name of county designated by Penal Code section 831.5(a)> is a custodial

officer.]

[A custody assistant is a person who is a full-time, non-peace officer

employee of the county sheriff’s department who assists peace officer

personnel in maintaining order and security in a custody detention,

court detention, or station jail facility of the sheriff’s department.]

[For the purpose of this instruction, a nonsworn uniformed employee of

a sheriff’s department is someone whose job includes the care or control

of inmates in a detention facility. [A prison, jail, camp, or other

correctional facility used for the confinement of adults or both adults

and minors/ <insert other applicable definition from Penal

Code section 289.6(c)> is a detention facility for the purpose of this

definition.]]

<When lawful performance is an issue, give the following paragraph and

Instruction 2670, Lawful Performance: Peace Offıcer .>

[A peace officer is not lawfully performing his or her duties if he or she

is (unlawfully arresting or detaining someone/ [or] using unreasonable or

excessive force in his or her duties). Instruction 2670 explains (when an

arrest or detention is unlawful/ [and] when force is unreasonable or

excessive).]

<When lawful performance is an issue, give the following paragraph and

Instruction 2671, Lawful Performance: Custodial Offıcer .>

[A custodial officer is not lawfully performing his or her duties if he or

she is using unreasonable or excessive force in his or her duties.

Instruction 2671 explains when force is unreasonable or excessive.]

New January 2006; Revised August 2006, June 2007