BILL ANALYSIS
AB 362
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 362 (Miller, Garrick, and Ma)
As Amended July 1, 2009
Majority vote
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|ASSEMBLY: |55-7 |(May 21, 2009) |SENATE: |34-0 |(September 2, 2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor/infraction to take, possess,
damage, reuse, or move any political sign or signs without
authorization from the owner with the intent to prevent the
communication of the sign.
The Senate amendments :
1)Reduce the penalty from a misdemeanor to a misdemeanor/infraction
(woblette).
2)Make a second or subsequent offense a misdemeanor punishable by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed $2,000, or both.
3)Require that person intend to prevent, substantially alter, or
substantially obscure the communication of the sign.
EXISTING LAW :
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
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Made 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)Defined "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)Provided 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)Stated that if nothing in this section is intended to procure
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punishment under any other provision of law.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
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
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