BILL NUMBER: AB 706	CHAPTERED  10/01/01

	CHAPTER  387
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2001
	PASSED THE SENATE  AUGUST 30, 2001
	AMENDED IN SENATE  AUGUST 21, 2001
	AMENDED IN ASSEMBLY  MAY 25, 2001
	AMENDED IN ASSEMBLY  APRIL 18, 2001

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 22, 2001

   An act to add Sections 402.5, 25004.5, 34501.5, and 68080.5 to the
Government Code, relating to campaign literature.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 706, Firebaugh.  Campaign literature:  use of official seals.
   Existing law provides that every person who maliciously or for
commercial purposes uses or allows to be used any reproduction or
facsimile of the Great Seal of the State in any manner whatsoever is
guilty of a misdemeanor.
   This bill, in addition, would provide that a person who uses or
allows to be used any reproduction or facsimile of the Great Seal of
the State in any campaign literature or mass mailing, as defined,
with intent to deceive the voters, is guilty of a misdemeanor.
   Existing law authorizes a county board of supervisors to adopt a
county seal, and authorizes a city council of a general law city to
adopt a city seal.
   This bill would provide that any person who uses or allows to be
used any reproduction or facsimile of the seal of a county or a city
in any campaign literature or mass mailing, as defined, with intent
to deceive the voters, is guilty of a misdemeanor.
   Existing law requires that each court in this state have an
official seal and that the clerk of the court keep the official seal
of the court.
   This bill would provide that a person who uses or allows to be
used any reproduction or facsimile of the seal of the California
Supreme Court, an appellate court, or the seal of any superior court
in any campaign literature or mass mailing, as defined, with intent
to deceive the voters, is guilty of a misdemeanor.
   This bill would provide that, for purposes of this bill, the use
of a reproduction or facsimile of a seal in a manner that creates a
misleading, erroneous, or false impression that the document is
authorized by a public official is evidence of intent to deceive.
   This bill, by adding to the definition of the crime of
misdemeanor, would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 402.5 is added to the Government Code, to read:

   402.5.  (a) In addition to the acts prohibited by Section 402, a
person who uses or allows to be used any reproduction or facsimile of
the Great Seal of the State in any campaign literature or mass
mailing, as defined in Section 82041.5, with intent to deceive the
voters, is guilty of a misdemeanor.
   (b) For purposes of this section, the use of a reproduction or
facsimile of a seal in a manner that creates a misleading, erroneous,
or false impression that the document is authorized by a public
official is evidence of intent to deceive.
  SEC. 2.  Section 25004.5 is added to the Government Code, to read:

   25004.5.  (a) Any person who uses or allows to be used any
reproduction or facsimile of the seal of the county in any campaign
literature or mass mailing, as defined in Section 82041.5, with
intent to deceive the voters, is guilty of a misdemeanor.
   (b) For purposes of this section, the use of a reproduction or
facsimile of a seal in a manner that creates a misleading, erroneous,
or false impression that the document is authorized by a public
official is evidence of intent to deceive.
  SEC. 3.  Section 34501.5 is added to the Government Code, to read:

   34501.5.  (a) Any person who uses or allows to be used any
reproduction or facsimile of the seal of the city in any campaign
literature or mass mailing, as defined in Section 82041.5, with
intent to deceive the voters, is guilty of a misdemeanor.
   (b) For purposes of this section, the use of a reproduction or
facsimile of a seal in a manner that creates a misleading, erroneous,
or false impression that the document is authorized by a public
official is evidence of intent to deceive.
  SEC. 4.  Section 68080.5 is added to the Government Code, to read:

   68080.5.  (a) A person who uses or allows to be used any
reproduction or facsimile of the seal of the California Supreme
Court, an appellate court, or a superior court in any campaign
literature or mass mailing, as defined in Section 82041.5, with
intent to deceive the voters, is guilty of a misdemeanor.
   (b) For purposes of this section, the use of a reproduction or
facsimile of a seal in a manner that creates a misleading, erroneous,
or false impression that the document is authorized by a public
official is evidence of intent to deceive.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.