BILL NUMBER: AB 2145	CHAPTERED  09/30/02

	CHAPTER  1134
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  JUNE 11, 2002
	AMENDED IN SENATE  MAY 21, 2002
	AMENDED IN ASSEMBLY  APRIL 1, 2002

INTRODUCED BY   Assembly Member Chu
   (Coauthors:  Assembly Members Aroner, Bill Campbell, Koretz,
Pavley, and Vargas)

                        FEBRUARY 20, 2002

   An act to amend Section 538c of the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2145, Chu.  Theft:  advertising services.
   Under existing law, the attachment or insertion of any
unauthorized advertisement, as defined, into, and the actual or
intended redistribution of, a newspaper that is offered for retail
sale or is distributed without charge, except with the consent of the
publisher or authorized distributor, is a misdemeanor.  Existing law
also makes it a misdemeanor to act in concert with another to
distribute newspapers with unauthorized advertisements, in violation
of this provision.
   This bill would expand these provisions by including in the crime
the attachment or insertion of unauthorized advertisements into
magazines, periodicals, or other publications.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
   This bill would also recast and renumber these provisions to
correct an inaccurate cross-reference, and to specify that these
provisions do not apply to a distributor who attaches or inserts an
unauthorized advertisement if the distributor has been directed to
insert or attach the advertisement by the person or company supplying
the newspapers, as specified, and the distributor is not aware that
the advertisement is unauthorized.  The bill would further specify
that a conviction for this crime shall not constitute a conviction
for petty theft.
  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 538c of the Penal Code is amended to read:
   538c.  (a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in concert with another, and who redistributes it to
the public or who has the intent to redistribute it to the public,
is guilty of the crime of theft of advertising services which shall
be punishable as a misdemeanor.
   (b) As used in this section:
   (1) "Unauthorized advertisement" means any form of representation
or communication, including any handbill, newsletter, pamphlet, or
notice that contains any letters, words, or pictorial representation
that is attached to or inserted in a newspaper without a contractual
agreement between the publisher and an advertiser.
   (2) "Newspaper" includes any newspaper, magazine, periodical, or
other tangible publication, whether offered for retail sale or
distributed without charge.
   (c) This section does not apply if the publisher or authorized
distributor of the newspaper consents to the attachment or insertion
of the advertisement.
   (d) This section does not apply to a newspaper distributor who is
directed to insert an unauthorized advertisement by a person or
company supplying the newspapers, and who is not aware that the
advertisement is unauthorized.
   (e) A conviction under this section shall not constitute a
conviction for petty theft.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.