AB 256, as introduced, Jones-Sawyer. Falsifying evidence.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording. By expanding the definition of a crime, the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 141 of the Penal Code is amended to
2read:
(a) Except as provided in subdivision (b),begin delete anyend deletebegin insert aend insert person
4who knowingly, willfully, and intentionally alters, modifies, plants,
5places, manufactures, conceals, or moves any physical matter,
6begin insert digital image, or video recording,end insert with specific intent that the
7action will result in a person being charged with a crime or with
8the specific intent that the physical matter will be wrongfully
9produced as genuine or true uponbegin delete anyend deletebegin insert
aend insert trial, proceeding, or inquiry
10whatever, is guilty of a misdemeanor.
11(b) begin deleteAny end deletebegin insertA end insertpeace officer who knowingly, willfully, and
12intentionally alters, modifies, plants, places, manufactures,
13conceals, or moves any physical matter,begin insert digital image, or video
14recording,end insert with specific intent that the action will result in a person
15being charged with a crime or with the specific intent that the
16physical matter will be wrongfully produced as genuine or true
17uponbegin delete anyend deletebegin insert
aend insert
trial, proceeding, or inquiry whatever, is guilty of a
18felony punishable by two, three, or five years in the state prison.
19(c) begin deleteNothing in this end deletebegin insertThis end insertsectionbegin delete shallend deletebegin insert does notend insert preclude
20prosecution under both this section and any otherbegin delete provision ofend delete law.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
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