BILL NUMBER: AB 1909 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Lopez
FEBRUARY 11, 2016
An act to amend Section 594 of the Penal Code, relating
to vandalism. An act to amend Section 141 of the Penal
Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1909, as amended, Lopez. Vandalism.
Falsifying evidence.
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.
This 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.
By creating a new crime, this 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.
Existing 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.
This bill would increase the damages threshold for determining the
level of punishment for vandalism from $400 to $950.
Proposition 21 prohibits the Legislature from amending that act
except by a roll call vote, two-thirds of the membership of each
house concurring.
Because 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.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 141 of the Penal
Code is amended to read:
141. (a) Except as provided in subdivision (b), 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 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.
(b) A peace 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 punishable by
two, three, or five years in the state prison.
(c) A prosecuting attorney who knowingly, willfully,
intentionally, and wrongfully alters, modifies, or withholds 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, is guilty of
a felony punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or five years.
(c)
(d) This section does not preclude prosecution under
both this section and any other law.
SEC. 2. 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.
SECTION 1. Section 594 of the Penal Code is
amended to read:
594. (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
nine hundred fifty dollars ($950) or more, vandalism is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 or in a
county jail not exceeding one year, or by a fine of not more than ten
thousand dollars ($10,000), or if the amount of defacement, damage,
or destruction is ten thousand dollars ($10,000) or more, by a fine
of not more than fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than nine hundred fifty dollars ($950), vandalism is punishable
by imprisonment in a county jail not exceeding one year, or by a fine
of not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than nine hundred fifty dollars ($950), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court shall, when appropriate and feasible,
in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property
himself or herself, or order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti for
up to one year. Participation of a parent or guardian is not required
under this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children. If the court finds
that graffiti cleanup is inappropriate, the court shall consider
other types of community service, where feasible.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.