BILL NUMBER: AB 491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 24, 2009

    An act to add Section 18305 of the Elections Code,
relating to elections.   An act to add Section 594.9 to
the Penal Code, relating to vandalism. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as amended, Garrick.  Elections: campaign signs:
vandalism.   Vandalism: political signs. 
   Existing law  prohibits the vandalism of prescribed
polling place materials at an election. Violation of this prohibition
is punishable as a misdemeanor   establishes various
offenses for vandalizing property, including for the vandalism of
polling place materials at an election  .
   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   campaign responsible for the production or
creation  of the sign. The bill would make violation of this
 prohibition   provision  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   campaign responsible
for the production or creation 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 
 campaign  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   law enforcement
 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 594.9 is added to the 
 Penal Code   , to read:  
   594.9.  (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
campaign responsible for the production or creation of the sign, in
addition to any other penalty provided by law, 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 campaign responsible for the
production or creation 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 campaign 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 law
enforcement 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.  
  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.