Amended in Assembly May 27, 2016

Amended in Assembly April 19, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1909


Introduced by Assembly Member Lopez

February 11, 2016


An act to amend Section 141 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

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 for 16begin delete months,end deletebegin insert monthsend insert or 2 or 3 years for a prosecuting attorney tobegin delete knowingly, willfully, intentionally, and wrongfullyend deletebegin insert intentionally and in bad faithend insert alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material orbegin delete information that is required to be disclosedend deletebegin insert information, knowing that it is relevant and material to the outcome of the case,end insert 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:

P2    1

SECTION 1.  

Section 141 of the Penal Code is amended to
2read:

3

141.  

(a) Except as provided inbegin delete subdivision (b),end deletebegin insert subdivisions
4(b) and (c),end insert
a person who knowingly, willfully, intentionally, and
5wrongfully alters, modifies, plants, places, manufactures, conceals,
6or moves any physical matter, digital image, or video recording,
7with specific intent that the action will result in a person being
8charged with a crime or with the specific intent that the physical
9matter will be wrongfully produced as genuine or true upon a trial,
10proceeding, or inquiry, is 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 whobegin delete knowingly, willfully,
21intentionally, and wrongfullyend delete
begin insert intentionally and in bad faithend insert alters,
22modifies, or withholds any physical matter, digital image, video
23recording, or relevant exculpatory material orbegin delete information that is
24required to be disclosed,end delete
begin insert information, knowing that it is relevant
25and material to the outcome of the case,end insert
with the specific intent
26that the physical matter, digital image, video recording, or relevant
27exculpatory material or information will be concealed or destroyed,
28or fraudulently represented as the original evidence upon a trial,
29proceeding, or inquiry, is guilty of a felony punishable by
P3    1imprisonment pursuant to subdivision (h) of Section 1170 for 16
2months, or two or three years.

3(d) This section does not preclude prosecution under both this
4section and any other law.

5

SEC. 2.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.



O

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