Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1782


Introduced by Assembly Member Chesbro

February 18, 2014


An act to amend Section 591 of the Penal Code, relating to property crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1782, as amended, Chesbro. Wires: unlawful removal.

Under existing law it is a crime for any person to unlawfully and maliciously take down, remove, injure, or obstruct any line of telegraph, telephone, or cable television, or any other line used to conduct electricity,begin insert or any part thereof, or appurtenances or apparatus connected therewith,end insert or to sever any wire, or make any unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity. Under existing law a violation of these provisions is punishable by imprisonment in a county jail not to exceed 16 months, 2 or 3 years, or by a fine not exceeding $500, or by imprisonment in a county jail not exceeding one year.

Thisbegin insert bill would additionally make it a crime for any person to unlawfully and maliciously disconnect or cut a line of telegraph, telephone, or cable television, or any line used to conduct electricity, or any part thereof, or appurtenance or apparatus connected therewith. The bill would specify that a connected appurtenance or apparatus includes a backup deep cycle battery or other power supply. Theend insert bill wouldbegin insert alsoend insert increasebegin delete thatend deletebegin insert the above-end insertbegin insertspecifiedend insert fine to an amount not exceedingbegin delete $50,000end deletebegin insert $10,000end insert per incident.

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By expanding the scope of a crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 591 of the Penal Code is amended to
2read:

3

591.  

A person who unlawfully and maliciously takes down,
4removes, injures,begin insert disconnects, cuts,end insert or obstructsbegin delete anyend deletebegin insert aend insert line of
5telegraph, telephone, or cable television, or anybegin delete otherend delete line used to
6conduct electricity, or any part thereof, or appurtenances or
7apparatus connected therewithbegin insert, including, but not limited to, a
8backup deep cycle battery or other power supplyend insert
, or severs any
9wire thereof, or makes any unauthorized connection with any line,
10other than a telegraph, telephone, or cable television line, used to
11conduct electricity, or any part thereof, or appurtenances or
12apparatus connected therewith, is punishable by imprisonment
13pursuant to subdivision (h) of Section 1170, or by a fine not
14exceedingbegin delete fifty thousand dollars ($50,000)end deletebegin insert ten thousand dollars
15($10,000)end insert
per incident, or imprisonment in the county jail not
16exceeding one year.

17begin insert

begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

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