AB 1909, as amended, Lopez. 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 forbegin delete 2, 3, or 5end deletebegin insert 16 months, or 2 or 3end insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 141 of the Penal Code is amended to
2read:
(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.
11(b) A peace officer who knowingly, willfully, intentionally, and
12wrongfully alters, modifies, plants, places, manufactures, conceals,
13or moves any physical matter, digital image, or video recording,
14with
specific intent that the action will result in a person being
15charged with a crime or with the specific intent that the physical
16matter, digital image, or video recording will be concealed or
17destroyed, or fraudulently represented as the original evidence
18upon a trial, proceeding, or inquiry, is guilty of a felony punishable
19by two, three, or five years in the state prison.
20(c) A prosecuting attorney who knowingly, willfully,
21intentionally, and wrongfully alters, modifies, or withholds any
22physical matter, digital image, video recording, or relevant
23exculpatory material or information that is required to be disclosed,
24with the specific intent that the physical matter, digital image,
25video recording, or relevant exculpatory material or information
26will be concealed or destroyed, or fraudulently represented as the
27original evidence upon a trial,
proceeding, or inquiry, is guilty of
28a felony punishable by imprisonment pursuant to subdivision (h)
29of Section 1170 forbegin delete two, three, or fiveend deletebegin insert 16 months, or two or threeend insert
30 years.
P3 1(d) This section does not preclude prosecution under both this
2section and any other law.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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