Amended in Assembly May 4, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 256

Introduced by Assembly Member Jones-Sawyer

February 9, 2015

An act to amend begin delete Section end delete begin insert Sections 135 and end insert 141 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 256, as amended, Jones-Sawyer. Falsifying evidence.

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Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation.

end insert begin insert

This bill would expand that prohibition to include a digital image or video recording, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings, or their content.

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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, 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. begin delete By end delete

begin insert By end insert expanding the definition of begin delete a crime, end delete begin insert crimes, end insert 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:

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begin insert SECTION 1. end insert   

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begin insert Section 135 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

135.  

begin delete Every end delete begin insert A end insert person who, knowing that any book, paper,
record, instrument in writing, begin insert digital image, video recording, end insert or
other matter or thing, is about to be produced in evidence upon
begin delete any end delete begin insert a end insert trial, inquiry, or investigation whatever, authorized by law,
willfully begin delete destroys end delete begin insert destroys, erases, end insert or conceals the same, with
intent thereby to prevent it begin insert or its content end insert from being produced, is
guilty of a misdemeanor.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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, digital
image, or video recording will not be available for production, or
will be wrongfully produced as genuine or 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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.