BILL NUMBER: AB 836	CHAPTERED  08/01/03

	CHAPTER  143
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2003
	APPROVED BY GOVERNOR  JULY 31, 2003
	PASSED THE SENATE  JULY 21, 2003
	PASSED THE ASSEMBLY  MAY 15, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member La Suer

                        FEBRUARY 20, 2003

   An act to add Section 591.5 to the Penal Code, relating to
wireless telephones.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 836, La Suer.  Wireless telephones:  destruction.
   Existing law provides that a person who unlawfully and maliciously
takes down, removes, injures, or obstructs any telephone line is
guilty of a misdemeanor or a felony.
   This bill would provide that a person who unlawfully and
maliciously removes, injures, destroys, or damages any wireless
communication device with the intent to prevent the use of the device
to summon assistance or notify law enforcement or any public safety
agency of a crime is guilty of a misdemeanor.  By creating a new
crime, this bill 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 591.5 is added to the Penal Code, to read:
   591.5.  A person who unlawfully and maliciously removes, injures,
destroys, or damages any wireless communication device with the
intent to prevent the use of the device to summon assistance or
notify law enforcement or any public safety agency of a crime is
guilty of a misdemeanor.
  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.