BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1782
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1782 (Chesbro)
          As Amended  June 19, 2014
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 19, 2014)  |SENATE: |35-0 |(August 11,    |
          |           |     |                |        |     |2014)          |
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           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
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           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
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          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.








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          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


                                                               FN: 0004381