BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 256 (Jones-Sawyer) - Falsifying evidence
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: June 16, 2015          |Policy Vote: PUB. S. 7 - 0      |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: Yes                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: July 6, 2015      |Consultant: Jolie Onodera       |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:  AB 256 would expand the prohibition against knowingly,  
          willfully, and intentionally tampering with evidence to include  
          digital images and video recordings.


          Fiscal  
          Impact:  
           Potential increase in state costs (General Fund) for felony  
            convictions resulting in additional commitments to state  
            prison. While the number of commitments to state prison in any  
            one year is likely to be minimal, to the extent even one  
            commitment per year occurs over a two-year period would result  
            in state costs of $54,000 based on the estimated in-state  
            contract bed cost per inmate of $27,000 per year.
           Potential increase in non-reimbursable local enforcement and  
            incarceration costs, offset to a degree by fine revenue for  
            new misdemeanor convictions.







          AB 256 (Jones-Sawyer)                                  Page 1 of  
          ?
          
          


          Background:  Existing law makes it a misdemeanor for a person to knowingly,  
          willfully, and intentionally alter, modify, plant, place,  
          manufacture, conceal, or move any physical matter, 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 any  
          trial, proceeding, or inquiry. (Penal Code (PC) § 141(a).)
          In the case of a peace officer, an officer who knowingly,  
          willfully, and intentionally alters, modifies, plants, places,  
          manufactures, conceals, or moves any physical matter, 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 any trial, proceeding, or inquiry, is guilty of a felony  
          punishable by two, three, or five years in the state prison. (PC  
          § 141(b).) 


          Existing law provides that every person who, knowing that any  
          book, paper, record, instrument in writing, or other matter or  
          thing, is about to be produced in evidence upon any trial,  
          inquiry, or investigation authorized by law, willfully destroys  
          or conceals the same, with intent thereby to prevent it from  
          being produced, is guilty of a misdemeanor. (PC § 135.)


          This bill seeks to update the aforementioned provisions of law  
          to expand the prohibition against tampering with evidence to  
          include digital images and video recordings.




          Proposed Law:  
           This bill would expand the prohibition against falsifying  
          evidence to include digital images and video recordings.  
          Specifically, this bill:

                 Provides that a person who knowingly, willfully,  
               intentionally, and wrongfully 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  







          AB 256 (Jones-Sawyer)                                  Page 2 of  
          ?
          
          
               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, is guilty of a  
               misdemeanor.


                 In the case of peace officers, specifies that an officer  
               who knowingly, willfully, intentionally, and wrongfully   
               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 be concealed or destroyed, or fraudulently  
               represented as the original evidence upon a  trial,  
               proceeding, or inquiry, is guilty of a felony.


                 Specifies that the prohibition against destroying or  
               concealing evidence applies to a digital image or video  
               recording owned by another and also applies if it was  
               erased with the intent to prevent it or its content from  
               being produced.




          Prior  
          Legislation:  AB 1993 (Romero) Chapter 620/2000 made it a felony  
          for a peace officer to knowingly alter, place, or move physical  
          matter with the specific intent to wrongfully charge another  
          person for a crime. 


                                      -- END --