BILL ANALYSIS
AB 362
Page 1
GOVERNOR'S VETO
AB 362 (Miller, Garrick, and Ma)
As Amended July 1, 2009
2/3 vote
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|ASSEMBLY: |55-7 |(May 21, 2009) |SENATE: |34-0 |(September 2, 2009) |
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|ASSEMBLY: |63-7 |(September 8, | | | |
| | |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,
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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.
AS PASSED BY THE ASSEMBLY , this bill:
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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
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
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circumstances unique to a political campaign. This bill would
clarify that without express permission from the campaign or
without being exempt, 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.
GOVERNOR'S VETO MESSAGE :
"This bill would make it a crime for a person to knowingly take,
possess, damage, reuse, or move any political sign without the
authorization from the owner of the sign. According to the
author, theft or vandalism of political signs is becoming more
prevalent. This bill is unnecessary, however because current
law already prohibits acts of vandalism or theft."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003352