BILL NUMBER: AB 362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 23, 2009

   An act to  amend Section 490a of   add
Section 490.2 to  the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, as amended, Miller.  Theft.  
Political signs: theft and damage.
   Existing law generally establishes various offenses constituting
theft.
   This bill would make  a technical, nonsubstantive change
to those provisions   it a crime, except as specified,
for a person to knowingly take, possess, damage, reuse, or move any
political sign or signs having an aggregate value of $400 or more
without authorization from the owner of the sign or signs. The bill
would make a violation of this provision punishable by imprisonment
in a county jail not exceeding one year or in the state prison and by
a fine not exceeding $10,000 per incident. By creating a new crime,
the 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 490.2 is added to the 
 Penal Code   , to read:  
   490.2.  (a) A person who takes, possesses, damages, reuses, or
moves any political sign or signs having an aggregate value of four
hundred dollars ($400) or more without authorization from the owner
of the sign or signs is guilty of a crime, punishable by imprisonment
in a county jail not exceeding one year or in the state prison and
by a fine not exceeding ten thousand dollars ($10,000) per incident.
   (b) For purposes of this section, "political sign" means any sign
advocating the election of a specific candidate for official office
or advocating a position regarding a ballot issue or issues.
   (c) The prohibition in subdivision (a) does not apply to a law
enforcement officer, local government official, or authorized
campaign representative acting within his or her official capacity or
to a private property owner who has not given consent to the posting
of a political sign on his or her property. 
   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.  
  SECTION 1.    Section 490a of the Penal Code is
amended to read:
   490a.  Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, that law or statute
shall hereafter be read and interpreted as if the word "theft" were
substituted therefor.