BILL ANALYSIS
AB 491
Page 1
ASSEMBLY THIRD READING
AB 491 (Garrick)
As Amended May 4, 2009
Majority vote
ELECTIONS 6-1 APPROPRIATIONS 16-0
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|Ayes:|Fong, Adams, Bill |Ayes:|De Leon, Nielsen, |
| |Berryhill, Coto, Mendoza, | |Ammiano, |
| |Swanson | |Charles Calderon, |
| | | |Krekorian, Duvall, |
| | | |Fuentes, Monning, Harkey, |
| | | |Miller, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
|Nays:|Saldana | | |
| | | | |
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SUMMARY : Establishes a $1,000 fine for knowingly destroying a
campaign sign. Specifically, this bill provides that a person
who knowingly destroys, marks, tears down, or otherwise defaces
a sign supporting or opposing a candidate for elective office
without authorization from the campaign responsible for the
production or creation of the sign is subject to a fine not to
exceed $1,000, in addition to any other penalty provided by law.
EXISTING LAW :
1)Makes vandalism a crime, punishable as follows:
a) If the amount of defacement, damage, or destruction is
less than $400, imprisonment in a county jail not exceeding
one year, or a fine of not more than $1,000, or by both the
fine and imprisonment;
b) If the amount of defacement, damage, or destruction is
less than $400 and the person previously has been convicted
of vandalism or other enumerated crimes, imprisonment in a
county jail not exceeding one year, or a fine of not more
than $5,000, or by both the fine and imprisonment;
AB 491
Page 2
c) If the amount of defacement, damage, or destruction is
$400 or more, but less than $10,000, imprisonment in the
state prison or in a county jail not exceeding one year, or
a fine of not more than $10,000, or both the fine and
imprisonment; or,
d) If the amount of defacement, damage, or destruction is
$10,000 or more, imprisonment in the state prison or in a
county jail not exceeding one year, or a fine of not more
than $50,000, or both the fine and imprisonment.
2)Makes petty theft - the theft of property valued at $400 or
less - a crime punishable by a fine not exceeding $1,000, or
by imprisonment in the county jail not exceeding six months,
or both the fine and imprisonment.
3)Requires a court, with limited exceptions, to order a person
who is convicted of a crime to pay restitution to the victim
or victims of that crime based on the amount of loss claimed
by the victim or victims.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, probably minor nonreimbursable costs to local
governments for enforcement and prosecution, offset to some
extent by fine revenues.
COMMENTS : According to the author, "Over the past decade,
candidates for elective office have experienced an increase in
political vandalism. Specially, vandals have struck a series of
campaign signs raising local and national support for increased
penalties. While we recognize vandalism is a criminal offense
punishable by law, this problem continues to plague campaigns
throughout the state. Currently, no specific penal code
addresses political signs in particular; instead the crimes
usually fall under vandalism or theft. A prosecuted vandal
could face fines of up to $1,000 depending on whether or not the
case is considered a misdemeanor or a felony once the amount of
damage property is taken into account. In addition, the
campaign responsible for the production or creation of the sign
is financially impacted and has to replace the damaged or stolen
sign. This bill, in addition to any other penalty provided by
law, would create an auxiliary $1,000 fine for vandalism to
campaign or political signs."
AB 491
Page 3
Under existing law, theft or vandalism of a campaign sign may
already be subject to criminal and civil penalties for a
violation of laws against vandalism, theft or petty theft, and
possession of stolen property. A violation of these laws
generally is punishable by six months or longer in county jail
or time in state prison, and by fines of $1,000 or more.
Additionally, existing law generally requires a court to order a
person who is convicted of a crime to pay restitution to the
victim or victims of that crime.
As such, a person who vandalizes or steals a political sign
already faces potential jail or prison time and significant
fines. Additionally, a candidate or campaign whose signs are
vandalized may be entitled to receive restitution for the value
of those signs under existing law. Given these facts, the
extent to which the additional penalty provided for in this bill
would deter individuals from vandalizing or stealing campaign
signs, or otherwise help campaigns recover the costs for
vandalized signs, is unclear.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000451