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 --