Amended in Senate June 16, 2015

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 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 begin delete image or end delete begin insert image, or a end insert video recording begin insert that is owned by another end insert , and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video begin delete recordings, end delete begin insert recordings that are owned by others, end insert 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 begin delete crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings. end delete begin insert crime. end insert

begin insert

This bill would clarify that the conduct constituting the offense is done wrongfully in order to have a person charged with a crime.

end insert begin insert

Existing law also 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 physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.

end insert

This bill would expand that prohibition to include any digital image or video begin delete 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. end delete begin insert recording. The bill would recast the requisite specific intent for the offense committed by a peace officer by requiring that the physical matter, digital image, or video recording be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry. end insert

By expanding the definition of 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.  

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

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, begin delete and intentionally end delete begin insert intentionally, and
wrongfully end insert 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 begin delete inquiry whatever, end delete begin insert inquiry, end insert is guilty of a
misdemeanor.

(b) A peace officer who knowingly, willfully, begin delete and intentionally end delete
begin insert intentionally, and wrongfully end insert 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 begin delete not be available for production, or will be wrongfully produced
as genuine or true, upon a trial, proceeding, or inquiry whatever, end delete
begin insert be concealed or destroyed, or fraudulently represented as the
original evidence upon a trial, proceeding, or inquiry, end insert 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. 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.