BILL NUMBER: AB 1993 CHAPTERED 09/26/00 CHAPTER 620 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE ASSEMBLY AUGUST 22, 2000 PASSED THE SENATE AUGUST 18, 2000 AMENDED IN SENATE JUNE 26, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 AMENDED IN ASSEMBLY APRIL 6, 2000 INTRODUCED BY Assembly Members Romero, Villaraigosa, and Washington (Coauthors: Assembly Members Aroner, Dickerson, Firebaugh, Keeley, Knox, and Kuehl) FEBRUARY 18, 2000 An act to add Section 141 to the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 1993, Romero. Peace officers: false evidence. Existing law makes it a felony for a peace officer to file a report with the agency that employs him or her regarding the commission of a crime or investigation of a crime, if he or she knows and intentionally makes any statement in the report that the officer knows to be false. This bill would make it a misdemeanor for any person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings. By defining 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 141 is added to the Penal Code, to read: 141. (a) Except as provided in subdivision (b), any person who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, 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 any trial, proceeding, or inquiry whatever, is guilty of a misdemeanor. (b) Any peace officer who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, 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 any trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison. (c) Nothing in this section shall preclude prosecution under both this section and any other provision of law. SEC. 2. 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.