BILL NUMBER: AB 1127 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 1997
INTRODUCED BY Assembly Member Knox
(Coauthor: Senator Rosenthal)
FEBRUARY 27, 1997
An act to amend Sections 502.8 and 537e of the Penal Code,
relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1127, as amended, Knox. Telecommunications equipment
or paraphernalia .
(1) Existing law makes it a crime to use a telecommunications
device, as defined, intending to avoid the payment of any lawful
charge for service to the device, or to possess or manufacture a
telecommunications device with intent to sell or offer to sell the
device to another, intending to avoid the payment of any lawful
charge for service to the device.
This bill instead would make it a crime to (a) knowingly possess
or advertise illegal telecommunications equipment or
paraphernalia , as defined; (b) use illegal
telecommunications equipment or paraphernalia
intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct;
or (c) possess or manufacture illegal telecommunications equipment
or paraphernalia with intent to sell ,
transfer, or furnish or offer to sell , transfer, or
furnish the equipment or paraphernalia to
another, intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct.
The bill would delete the definition of telecommunications device and
instead set forth definitions a definition
of illegal telecommunications equipment and illegal
telecommunications paraphernalia . The bill would
provide that in the event that a person violates these provisions
with the intent to avoid the payment of any lawful charge for
telecommunications service to a telecommunications service provider,
the court shall order the person to pay restitution to the
telecommunications service provider, as specified. By creating
new crimes, this bill would impose a state-mandated local program.
(2) Existing law provides that it is a crime for any person to
knowingly buy, sell, receive, dispose of, conceal, or possess any
personal property from which the manufacturer's serial number, or any
other distinguishing number or identification mark has been removed,
defaced, covered, altered, or destroyed.
This bill would also make it a crime for any person to knowingly
buy, sell, receive, dispose of, conceal, or possess any personal
property from which the manufacturer's identification number or
electronic serial number has been removed, defaced, covered, altered,
or destroyed. By expanding the scope of an existing crime, this
bill would impose a state-mandated local program.
(3) 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 1. Section 502.8 of the Penal Code is amended to read:
502.8. (a) Any person who knowingly possesses or advertises
illegal telecommunications equipment or illegal
telecommunications paraphernalia is guilty of a
misdemeanor.
(b) Any person who uses illegal telecommunications equipment
or illegal telecommunications paraphernalia
intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment
or illegal telecommunications paraphernalia with intent to
sell or with intent to sell, transfer, or furnish or
offer to sell the equipment or paraphernalia
, transfer, or furnish the equipment to another,
intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor punishable by one year in a county jail or
imprisonment in state prison or a fine of up to ten thousand dollars
($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment or illegal telecommunications
paraphernalia with intent to sell or offer to sell the
equipment or paraphernalia to another, intending
to avoid payment of any lawful charge for telecommunications service
or to facilitate other criminal conduct, is guilty of a felony,
punishable by imprisonment in state prison, a fine of up to fifty
thousand dollars ($50,000), or both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment or illegal communications
paraphernalia with intent to sell or offer to sell the
equipment or paraphernalia to another, intending
to avoid the payment of any lawful charge for telecommunications
service or to facilitate other criminal conduct is guilty of a felony
punishable by imprisonment in state prison or a fine of up to fifty
thousand dollars ($50,000), or both.
(g) For purposes of this section, the following terms
have the following meanings:
(1) "Illegal "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service; surrepticiously intercept
electronic serial numbers or mobile identification numbers; alter
electronic serial numbers; circumvent efforts to confirm legitimate
access to a telecommunications account; conceal from any
telecommunications service provider or lawful authority the
existence, place of origin, or destination of any telecommunication;
or otherwise facilitate any other criminal conduct. "Illegal
telecommunications equipment" includes, but is not limited to, any
unauthorized electronic serial number or mobile identification
number, whether incorporated into a wireless telephone or other
device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(2) "Illegal telecommunications paraphernalia" means any material,
manual, code, or operating procedure capable of creating illegal
telecommunications equipment, notwithstanding the presence of any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
(2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages.
SEC. 2. Section 537e of the Penal Code is amended to read:
537e. (a) Any person who knowingly buys, sells, receives,
disposes of, conceals, or has in his or her possession any personal
property from which the manufacturer's serial number, identification
number, electronic serial number, or any other distinguishing number
or identification mark has been removed, defaced, covered, altered,
or destroyed, is guilty of a public offense, punishable as follows:
(1) If the value of the property does not exceed four hundred
dollars ($400), by imprisonment in a county jail not exceeding six
months.
(2) If the value of the property exceeds four hundred dollars
($400), by imprisonment in a county jail not exceeding one year.
(3) If the property is an integrated computer chip or panel of a
value of four hundred dollars ($400) or more, by imprisonment in the
state prison for 16 months, or 2 or 3 years or by imprisonment in a
county jail not exceeding one year.
For purposes of this subdivision, "personal property" includes,
but is not limited to, the following:
(1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
(2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
(3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
(4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
(5) Any tool or similar device, including any technical or
scientific equipment.
(6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
(7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
(8) Any clock, watch, watch case, or watch movement.
(9) Any vehicle or vessel, or any component part thereof.
(b) When property described in subdivision (a) comes into the
custody of a peace officer it shall become subject to the provision
of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2,
relating to the disposal of stolen or embezzled property. Property
subject to this section shall be considered stolen or embezzled
property for the purposes of that chapter, and prior to being
disposed of, shall have an identification mark imbedded or engraved
in, or permanently affixed to it.
(c) This section does not apply to those cases or instances where
any of the changes or alterations enumerated in subdivision (a) have
been customarily made or done as an established practice in the
ordinary and regular conduct of business, by the original
manufacturer, or by his or her duly appointed direct representative,
or under specific authorization from the original manufacturer.
SEC. 3. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.