BILL NUMBER: AB 491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 24, 2009

   An act to add Section 594.9 to the Penal Code, relating to
vandalism.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as amended, Garrick. Vandalism: political signs.
   Existing law 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 without
authorization from the campaign responsible for the production or
creation of the sign. The bill would make  violation of this
provision an infraction punishable by  a  person who
violates this provision subject to an additional  fine not to
exceed $1,000. The bill would require any moneys collected for a
violation of this provision to be disbursed to the 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 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 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   subject to an additional
 fine not to exceed one thousand dollars ($1,000).
   (b) Notwithstanding any other provision of law, any moneys
collected  or the base fine imposed under subdivision (a) 
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.