Senate BillNo. 1080


Introduced by Senators Morrell and Berryhill

February 17, 2016


An act to add Section 594.38 to the Penal Code, relating to memorials.

LEGISLATIVE COUNSEL’S DIGEST

SB 1080, as introduced, Morrell. Memorials.

Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law also makes it a crime to knowingly buy or receive any property that has been stolen or that has been obtained in any manner constituting theft or extortion.

This bill would make a it a crime to receive a grave marker or other structure designed to commemorate the grave a veteran, peace officer, firefighter, or other first responder that the person knows, or reasonably should know, is stolen. The bill would also specifically make it a crime to damage, deface, destroy, mutilate, or remove, among other things, an American flag or veteran’s grave marker from the grave of a veteran, peace officer, firefighter, or other first responder. The bill would also make it a crime to damage, deface, destroy, mutilate, or remove any object or structure set to memorialize a veteran, peace officer, firefighter, or other first responder.

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:

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SECTION 1.  

Section 594.38 is added to the Penal Code, to
2read:

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594.38.  

A person is guilty of a crime and punishable by
4imprisonment pursuant to subdivision (h) of Section 1170 or by
5imprisonment in a county jail not exceeding one year, or by a fine
6of not more than five thousand dollars ($5,000), or by both that
7fine and imprisonment, who maliciously does any of the following:

8(a) Receives, retains, or disposes of a grave marker or other
9structure designed to commemorate the grave of a veteran, peace
10officer, as defined in Chapter 4.5 (commencing with Section 830)
11of Title 3 of Part 2 of the Penal Code, firefighter, as defined in
12Section 3251 of the Government Code, or other first responder,
13which the person knows or should reasonably know to be stolen,
14unless the intent is to return the stolen marker to a cemetery, a
15member of law enforcement, a member of the Department of
16Veterans Affairs or a nonprofit veterans’ services group, a veteran’s
17agent of a town or court, or to a person who disposes of veterans’
18grave marker or other structures or things in a like manner.

19(b) Damages, defaces, destroys, mutilates, or removes an
20American flag, veteran’s grave marker, metal plaque, veteran’s
21commemorative flag holder, or commemorative flag holder
22representing service in both the police and fire department, from
23the grave of a veteran, peace officer, as defined in Chapter 4.5
24(commencing with Section 830) of Title 3 of Part 2 of the Penal
25Code, firefighter, as defined in Section 3251 of the Government
26code, or other first responder.

27(c) Damages, defaces, destroys, mutilates, or removes any object
28or structure set to memorialize a veteran, peace officer, as defined
29in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
302 of the Penal Code, firefighter, as defined in Section 3251 of the
31Government Code, or other first responder.

32

SEC. 2.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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