BILL NUMBER: AB 256	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 9, 2015

   An act to amend  Section   Sections 135 and
 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 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.  
   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. 
   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.  By 
    By  expanding the definition of  a crime,
  crimes,  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 135 of the   Penal
Code   is amended to read: 
   135.   Every   A  person who, knowing
that any book, paper, record, instrument in writing,  digital
image, video recording,  or other matter or thing, is about to
be produced in evidence upon  any   a 
trial, inquiry, or investigation whatever, authorized by law,
willfully  destroys   destroys, erases, or
conceals the same, with intent thereby to prevent it  or its
content  from being produced, is guilty of a misdemeanor.
   SECTION 1.   SEC. 2.   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.
   SEC. 2.   SEC. 3.   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.