BILL ANALYSIS
AB 362
Page 1
ASSEMBLY THIRD READING
AB 362 (Miller)
As Amended April 18, 2009
Majority vote
PUBLIC SAFETY 6-1 APPROPRIATIONS 13-1
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, Charles |
| |Furutani, Gilmore, Hill, | |Calderon, Davis, Duvall, |
| |Ma | |Krekorian, Hall, Harkey, |
| | | |Miller, Price, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Skinner |Nays:|Skinner |
| | | | |
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SUMMARY : Makes it a misdemeanor to take, possess, damage, reuse,
or move any political sign or signs without authorization from the
owner. Specifically, this bill :
1)Makes it a misdemeanor punishable by imprisonment in the county
jail not to exceed six months, or by a fine not to exceed
$1,000, or both, for any person to take, possess, damage, reuse,
or move any political sign or signs without authorization from
the owner of the sign or signs.
2)Defines "political sign" as any sign advocating the election of
a specific candidate for official office or advocating a
position relating to a ballot or issues.
3)Provides that the above prohibition does not apply to a law
enforcement officer, local government official, or authorized
campaign representative acting within his or her official
capacity or to a private property owner who has not given
consent to the posting of a political sign on his or her
property.
4)States that if nothing in this section is intended to procure
punishment under any other provision of law.
EXISTING LAW :
AB 362
Page 2
1)Defines "grand theft" as any theft where the money, labor, or
real or personal property taken is of a value exceeding $400, or
when the property is taken from the person of another.
2)Provides that grand theft is committed when the money, labor, or
real or personal property taken is of a value in excess of $400,
except as specified.
3)Provides that notwithstanding the value of the property taken,
grand theft is committed in any of the following cases :
a) When domestic fowls, avocados, or other farm crops are
taken of a value exceeding $100;
b) When fish or other aquacultural products are taken from a
commercial or research operation that is producing that
product of a value exceeding $100;
c) Where money, labor or property is taken by a servant or
employee from his or her principal and aggregates $400 or
more in any consecutive 12-month period; and,
d) When the property is taken from the person of another; or,
when the property taken is, among other things, an
automobile, horse or firearm.
4)Provides that if the grand theft involves the theft of a
firearm, it is punishable by imprisonment in state prison for 16
months, 2 or 3 years. In all other cases, grand theft is
punishable by imprisonment in county jail for not more than one
year or in the state prison for 16 months, 2 or 3 years.
5)Provides that theft in other cases is petty theft.
6)States that petty theft is punishable by a fine not exceeding
$1,000, or by imprisonment in the county jail not exceeding six
months; or both.
7)Provides that every person who maliciously damages, defaces, or
destroys the real or personal property is guilty of vandalism,
which is punishable as an alternate felony/misdemeanor if the
amount of the damage is $400 or more.
FISCAL EFFECT : According to the Assembly Appropriations
AB 362
Page 3
Committee, 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 : 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
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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0000780