BILL NUMBER: AB 256	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 9, 2015

   An act to amend Section 141 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 256, as amended, 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.   recording, and
would expand the requisite specific intent to include the intent that
the physical matter, digital image, or video recording will not be
  available for production at those proceedings.  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 1.  Section 141 of the Penal Code is amended to read:
   141.  (a) Except as provided in subdivision (b), a person who
knowingly, willfully, and intentionally alters, modifies, plants,
places, manufactures, conceals, or moves any physical matter, digital
image, or video recording, with specific intent that the action will
result in a person being charged with a crime or with the specific
intent that the physical matter will be wrongfully produced as
genuine or true upon a trial, proceeding, or inquiry whatever, is
guilty of a misdemeanor.
   (b) A peace officer who knowingly, willfully, and intentionally
alters, modifies, plants, places, manufactures, conceals, or moves
any physical matter, digital image, or video recording, with specific
intent that the action will result in a person being charged with a
crime or with the specific intent that the physical  matter
  matter, digital image, or video recording will not be
available for production, or  will be wrongfully produced as
genuine or  true   true,  upon a trial,
proceeding, or inquiry whatever, is guilty of a felony punishable by
two, three, or five years in the state prison.
   (c) This section does not preclude prosecution under both this
section and any other law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.