BILL ANALYSIS Ó AB 1782 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1782 (Chesbro) As Amended June 19, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 19, 2014) |SENATE: |35-0 |(August 11, | | | | | | |2014) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Increases the fine for maliciously disconnecting a telephone, cable, or other specified electrical line from a maximum of $500, to a maximum of $10,000 for a felony conviction, and a maximum of $1,000 for a misdemeanor conviction. The Senate amendments create a proportionate distinction between the fines which may be imposed upon the conviction of a misdemeanor, and the fine that may be imposed upon conviction of a felony. 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, two or three years in the county jail, or by a fine not exceeding $500, or imprisonment in the county jail not exceeding one year. 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 device to summon assistance or notify law enforcement or any public safety agency of a crime is guilty of a misdemeanor. AS PASSED BY THE ASSEMBLY , this bill: AB 1782 Page 2 1)Modified the language of the Penal Code to include disconnecting or cutting a specified electrical line. 2)Included disruption of any backup deep cycle battery or other connected power supply in the conduct that can constitute an offense of malicious disconnection. 3)Increased the fine for maliciously disconnecting a telephone, cable or other specified electrical line from $500 to $10,000. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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. AB 1782 Page 3 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. (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. (California 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 misdemeanor) 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 Please see the policy committee analysis for a full discussion of this bill. AB 1782 Page 4 Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0004381