BILL ANALYSIS Ó
AB 1782
Page 1
Date of Hearing: April 8, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1782 (Chesbro) - As Introduced: February 18, 2014
As Proposed to be Amended in Committee
SUMMARY : Increases the fine for maliciously disconnecting a
telephone, cable or other specified electrical line from $500 to
$10,000. Specifically, this bill :
1)Modifies the language of the code to include disconnecting or
cutting a specified electrical line.
2)Includes disruption of any backup deep cycle battery or other
connected power supply in the conduct that can constitute an
offense of malicious disconnection.
3)Increases the fine for maliciously disconnecting a telephone,
cable or other specified electrical line from $500 to $10,000.
EXISTING LAW :
1)Provides that a person who unlawfully and maliciously takes
down, removes, injures, or obstructs any line of telegraph,
telephone, or cable television, or any other line used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, or severs any wire thereof, or
makes any unauthorized connection with any line, other than a
telegraph, telephone, or cable television line, used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, is punishable by imprisonment
of 16 months, 2 or 3 years in the county jail, or by a fine
not exceeding $500, or imprisonment in the county jail not
exceeding one year. (Pen. Code, § 591.)
2)A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless
communication device with the intent to prevent the use of the
AB 1782
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device to summon assistance or notify law enforcement or any
public safety agency of a crime is guilty of a misdemeanor.
(Pen. Code, § 591.5.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : "In Humboldt County, Suddenlink
Communications has been the victim of multiple intentional
fiber cutting attacks resulting in the loss of services
including cable, internet, and cell phone service to over
10,000 customers on several occurrences. In other incidents
throughout California, cable nodes have been vandalized and
cable amplifiers and emergency backup batteries have been
stolen, resulting in the loss of communications services,
including the ability to make emergency 911 calls, for
thousands of residential and business customers.
"Dependable communication services are critical for public
safety, national security and California's economic growth and
sustainability. Current law limits the penalty to $500 or up
to one year in county jail which has not served as a deterrent
to this type of crime. AB 1782 would increase the criminal
fine for "unlawfully and maliciously" disconnecting and
obstructing communication infrastructure or electric lines.
Judges would continue to have the option of sentencing an
offender to county jail for up to one year."
2)Technical Cleanup : The technical amendments in the mockup
clarify that the provisions of the law apply not only to the
disruption of "lines" themselves but also to any supporting
appurtenances associated with cable and telephone lines, such
as deep cycle batteries or amplifiers, that render lines
operational.
3)Considerations Regarding the Fine : This bill increases a fine
from a maximum $500 to a maximum amount of $10,000.
Setting the penalty, or range of penalties, for a crime is an
inherently legislative function. The Legislature does have
the power to require a minimum term or other specific
sentence. (Keeler v. Superior Court (1970) 2 Cal.3d 619,
631.) Sentencing, however, is solely a judicial power.
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(People v. Tenorio (1970) 3 Cal.3d 89, 90-93; People v.
Superior Court (Fellman) (1976) 59 Cal.App.3d 270, 275.)
California law effectively directs judges to impose an
individualized sentence that fits the crime and the
defendant's background, attitude, and record. (Cal. Rules of
Court, rules 4.401-4.425.) This bill limits judicial
discretion and requires a minimum fine of $500 to be imposed
in each case, regardless of the facts of the case and the
defendant's record.
Also, there are penalty assessments and fees assessed on the
base fine for a crime. Assuming a defendant was fined $10,000
as the maximum fine, the following penalty assessments would
be imposed pursuant to the Penal Code and the California
Government Code:
Base Fine:
$
10,000
Penal Code 1464 assessment:
$ 10,000 ($10 for every $10)
Penal Code 1465.7 surcharge:
2,000
(20% surcharge)
Penal Code 1465.8 assessment:
40 ($40 fee per offense)
Government Code 70372 assessment:
5,000 ($5 for every $10)
Government Code 70373 assessment:
30 ($30 for felony or misdo.)
Government Code 76000 assessment:
7,000 ($7 for every $10)
Government Code 76000.5 assessment:
2,000 ($2 for every $10)
Government Code 76104.6 assessment:
1,000 ($1 for every $10)
Government Code 76104.7 assessment
4,000 ($4 for every $10)
Total Fine with Assessments:
$41,070
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4)Argument in Support : According to the California and Cable
Telecommunications Association, "The California cable and
broadband industry has seen a dramatic increase in the number
of incidents of willful damage to its broadband networks.
Historically, those networks primarily provide multichannel
video services but today provide advanced residential and
business communications services and broadband bandwidth for
large data centers and cellular towers (blackhaul). Our cable
networks also support critical services like E-911, and are
the basis for enabling telemedicine, emergency alerts, energy
efficiency monitoring and home security services and other
innovative technologies.
"Cable broadband companies in Northern California have been
the victim of multiple intentional fiber cutting attacks,
resulting in the loss of advanced communication and broadband
service to thousands of customers. In Southern California,
cable nodes have been vandalized and cable amplifiers and
emergency backup batteries stolen, resulting in the loss of
communications services including the ability to make 911
calls for thousands of residential and business customers.
"Similarly, the energy industry has become a recent target of
unlawful destruction as well. On April 16, 2013, the Pacific
Gas & Electric Metcalf Substation in San Jose, California was
attacked. Intruders cut the security system communication
lines, then snipers proceeded to shoot and knock out 17 giant
transformers that provide power to Silicon Valley.
"In Southern California, individuals wearing the local energy
utility company uniform demanded that residential customers
make immediate payments for late energy bills, cutting the
power lines of any resident refusing to do so.
"Pursuant to current law, a person who maliciously 'takes
down, removes, injures, or obstructs' any line for
communication or electricity is punishable by a fine not to
exceed $500 or incarceration in the county jail for up to one
year. Clearly, this penalty has not served as a sufficient
deterrent."
5)Argument in Opposition: According to California Attorneys for
Criminal Justice, the version of the bill prior to the
suggested amendments is an "Unprecedented increase in the
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amount of a fine for any misdemeanor offense?
"?Although it is no doubt unfortunate that citizens sometimes
split cable lines or vandalize electrical lines of any sort, a
fine of this size ($50,000) is completely disproportionate
with the nature of the listed offenses. This is particularly
true because of the broad language of the statute sweeps up
conduct which, though unlawful, is not particularly
egregious."
REGISTERED SUPPORT / OPPOSITION :
Support
California Cable and Telecommunications Association
California Municipal Utilities Association
California Police Chiefs Association
California State Sheriffs' Association
Southern California Edison
Taxpayers for Improving Public Safety
Trinity Public Utilities District
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744