BILL NUMBER: AB 362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 23, 2009

   An act to add Section 490.2 to the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, as amended, Miller. Political signs: theft and damage.
   Existing law generally establishes various offenses constituting
theft.
   This bill would make 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   $15,000  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: yes.
State-mandated local program: 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)
  fifteen thousand dollars ($15,000)  per incident.

   (b) A person who takes, possesses, damages, reuses, or moves any
political sign or signs having an aggregate value of less than four
hundred dollars ($400) without authorization from the owner of the
sign or signs is punishable pursuant to provisions governing petty
theft.  
   (b) 
    (c)  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) 
    (d)  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.