AB 1909,
as amended, Lopez. begin deleteVandalism. end deletebegin insertFalsifying evidence.end insert
Existing law makes it a misdemeanor for a person, or a felony for a peace officer, to knowingly, willfully, intentionally, and wrongfully alter, modify, plant, place, manufacture, conceal, or move any physical matter, digital image, or video recording, with the specific intent that the action will result in a person being charged with a crime.
end insertbegin insertThis bill would make it a felony punishable by imprisonment for 2, 3, or 5 years for a prosecuting attorney to knowingly, willfully, intentionally, and wrongfully alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material or information that is required to be disclosed with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry.
end insertbegin insertBy creating a new crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, amended by Proposition 21, an initiative measure enacted by voters at the March 7, 2000, statewide primary election, makes a person who maliciously commits specified destructive acts with respect to another’s property guilty of vandalism. The initiative measure reduced from $50,000 to $400 or more, the amount of damage caused by the vandalism that would result in punishment by imprisonment in state prison or a county jail for a term not exceeding one year, by a fine of not more than $10,000, or by both that fine and imprisonment, as specified. Existing law states if the amount of damage is less than $400, vandalism is punishable by imprisonment in a county jail not exceeding one year, by a fine of not more than $1,000, or by both that fine and imprisonment.
end deleteThis bill would increase the damages threshold for determining the level of punishment for vandalism from $400 to $950.
end deleteProposition 21 prohibits the Legislature from amending that act except by a roll call vote, two-thirds of the membership of each house concurring.
end deleteBecause the bill would increase the threshold of vandalism damages that would result in specified punishment and thereby amend a provision of that initiative measure, it would therefore require a 2⁄3 vote.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 141 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) Except as provided in subdivision (b), a person who
4knowingly, willfully, intentionally, and wrongfully alters, modifies,
5plants, places, manufactures, conceals, or moves any physical
6matter, digital image, or video recording, with specific intent that
7the action will result in a person being charged with a crime or
8with the specific intent that the physical matter will be wrongfully
9produced as genuine or true upon a trial, proceeding, or inquiry,
10is guilty of a misdemeanor.
P3 1(b) A peace officer who knowingly, willfully, intentionally, and
2wrongfully alters, modifies, plants, places, manufactures, conceals,
3or moves any physical matter, digital image, or video recording,
4with specific intent that the action will result in a person being
5charged with a crime or
with the specific intent that the physical
6matter, digital image, or video recording will be concealed or
7destroyed, or fraudulently represented as the original evidence
8upon a trial, proceeding, or inquiry, is guilty of a felony punishable
9by two, three, or five years in the state prison.
10
(c) A prosecuting attorney who knowingly, willfully,
11intentionally, and wrongfully alters, modifies, or withholds any
12physical matter, digital image, video recording, or relevant
13exculpatory material or information that is required to be
14disclosed, with the specific intent that the physical matter, digital
15image, video recording, or relevant exculpatory material or
16information will be concealed or destroyed, or fraudulently
17represented as the original evidence upon a trial, proceeding, or
18inquiry, is guilty of a felony punishable by imprisonment pursuant
19to subdivision (h) of
Section 1170 for two, three, or five years.
20(c)
end delete
21begin insert(d)end insert This section does not preclude prosecution under both this
22section and any other law.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
Section 594 of the Penal Code is amended to
33read:
(a) Every person who maliciously commits any of the
35following acts with respect to any real or personal property not his
36or her own, in cases other than those specified by state law, is
37guilty of vandalism:
38(1) Defaces with graffiti or other inscribed material.
39(2) Damages.
40(3) Destroys.
P4 1Whenever a person violates this subdivision with respect to real
2property, vehicles, signs, fixtures, furnishings, or property
3belonging to any public entity, as defined by Section 811.2 of the
4Government Code, or the federal government, it shall be a
5permissive inference that the person neither owned the property
6nor had the permission of the owner to deface, damage, or destroy
7the property.
8(b) (1) If the amount of defacement, damage, or destruction is
9nine hundred fifty dollars ($950) or more, vandalism is punishable
10by imprisonment pursuant to subdivision (h) of Section 1170 or
11in a county jail not exceeding one year, or by a fine of not more
12than ten thousand dollars ($10,000), or if the amount of
13defacement, damage, or destruction is ten thousand dollars
14($10,000) or more, by a fine of not more than fifty thousand dollars
15($50,000), or by both that fine and imprisonment.
16(2) (A) If the amount of defacement, damage, or
destruction is
17less than nine hundred fifty dollars ($950),
vandalism is punishable
18by imprisonment in a county jail not exceeding one year, or by a
19fine of not more than one thousand dollars ($1,000), or by both
20that fine and imprisonment.
21(B) If the amount of defacement, damage, or destruction is less
22than nine hundred fifty dollars ($950), and the defendant has been
23previously convicted of vandalism or affixing graffiti or other
24inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6,
25or 640.7, vandalism is punishable by imprisonment in a county
26jail for not more than one year, or by a fine of not more than five
27thousand dollars ($5,000), or by both that fine and imprisonment.
28(c) Upon conviction
of any person under this section for acts
29of vandalism consisting of defacing property with graffiti or other
30inscribed materials, the court shall, when appropriate and feasible,
31in addition to any punishment imposed under subdivision (b), order
32the defendant to clean up, repair, or replace the damaged property
33himself or herself, or order the defendant, and his or her parents
34or guardians if the defendant is a minor, to keep the damaged
35property or another specified property in the community free of
36graffiti for up to one year. Participation of a parent or guardian is
37not required under this subdivision if the court deems this
38 participation to be detrimental to the defendant, or if the parent or
39guardian is a single parent who must care for young children. If
P5 1the court finds that graffiti cleanup is inappropriate, the court shall
2consider other types of community service, where feasible.
3(d) If a minor is personally unable to pay a fine levied
for acts
4prohibited by this section, the parent of that minor shall be liable
5for payment of the fine. A court may waive payment of the fine,
6or any part thereof, by the parent upon a finding of good cause.
7(e) As used in this section, the term “graffiti or other inscribed
8material” includes any unauthorized inscription, word, figure,
9mark, or design, that is written, marked, etched, scratched, drawn,
10or painted on real or personal property.
11(f) The court may order any person ordered to perform
12community service or graffiti removal pursuant to paragraph (1)
13of subdivision (c) to undergo counseling.
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