BILL NUMBER: AB 491	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 24, 2009

   An act to add Section 18305 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as introduced, Garrick. Elections: campaign signs:
vandalism.
   Existing law prohibits the vandalism of prescribed polling place
materials at an election. Violation of this prohibition is punishable
as a misdemeanor.
   This bill would prohibit a person from knowingly destroying,
marking, tearing down, or otherwise defacing a sign supporting or
opposing a candidate for elective office or a ballot measure or
ballot measures without authorization from the owner of the sign. The
bill would make violation of this prohibition an infraction
punishable by a fine not to exceed $1,000. The bill would require any
moneys collected for a violation of this provision to be disbursed
to the owner of the sign, in an amount not to exceed 50% of the fine
and, when added to the amount of any prior fines paid during the
calendar year to the owner pursuant to this provision, not to exceed
the amount of any applicable campaign contribution limit for the
year. The balance of the fine pursuant to this provision would be
payable to the local public safety agency in the city or county in
which the offense was committed.
   Because this bill would create a new crime, it 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 18305 is added to the Elections Code, to read:
   18305.  (a) A person who knowingly destroys, marks, tears down, or
otherwise defaces a sign supporting or opposing a candidate for
elective office or a ballot measure without authorization from the
owner of the sign is guilty of an infraction punishable by a fine not
to exceed one thousand dollars ($1,000).
   (b) Notwithstanding any other provision of law, any moneys
collected for a violation of subdivision (a) shall be disbursed as
follows:
   (1) An amount payable to the owner of the sign, not to exceed 50
percent of the fine, and, when added to the amount of any prior fines
paid during the calendar year to the owner pursuant to this section,
not to exceed the amount of any applicable campaign contribution
limit for the calendar year.
   (2) The balance of the fine shall be payable to the local public
safety agency in the city or county in which the offense was
committed.
  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.