BILL ANALYSIS
AB 362
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Date of Hearing: May 13, 209
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 362 (Miller) - As Amended: April 28, 2009
Policy Committee: Public
SafetyVote: 6-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes it a misdemeanor, punishable by up to six months
in county jail and/or a fine of up to $1,000, to take, possess,
damage, reuse, or move any political campaign sign without
authorization from the owner of the sign or signs.
FISCAL EFFECT
Minor nonreimbursable local law enforcement and incarceration
costs, offset to a degree by increased fine revenue.
Costs/savings are likely to be minor as this offense may
currently be prosecuted under existing theft statutes.
COMMENTS
1)Rationale . The author contends creating a separate code
section for stealing or damaging political campaign signs will
help deter an offense currently punishable under theft or
vandalism statutes.
According to the author, " Political signs allow citizens to
exercise their first amendment right and to represent their
position on a given issue or candidate. Many times people have
a deep moral, faith-based, financial, familial, and or strong
emotional connection to a particular issue, causing them to
rally and take action either in support or opposition.
Regardless of the motive, intention or position, it is illegal
to vandalize and or infringe upon the property and free speech
of another.
"However, there continue to be cases where political signs are
AB 362
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confiscated, covered with other propaganda and used for
opposing campaign purposes. Moreover, there are situations
where major theft or misuse occurs, but such cases are
difficult to prosecute because existing code is vague in
determining whether or not certain misuses are a crime.
"Often, criminal motive can be difficult to prove because of
circumstances unique to a political campaign. This bill would
clarify that without express permission from the campaign or
without being exempted, it is a crime to move, take, misuse or
damage political signs. The intent of this bill is to target
major theft, which infringes on the political process and
compromises our democracy."
2)Under current law , theft of personal property with a value of
less than $400 is petty theft, punishable by up to six months
in a county and/or a fine of up $1,000. Grand theft, when the
value of the property is more than $400, is punishable by 16
months, 2 or 3 years in the state prison, or by up to one year
in a county jail.
3)Related legislation , AB 491 (Garrick), pending on the Assembly
floor, creates an additional $1,000 fine for theft or
vandalism to political campaign signs.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081