Bill Text: CA AB1782 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Wires: unlawful removal.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-15 - Chaptered by Secretary of State - Chapter 332, Statutes of 2014. [AB1782 Detail]

Download: California-2013-AB1782-Amended.html

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BILL NUMBER: AB 1782	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 18, 2014

   An act to amend Section 591 of the Penal Code, relating to
property crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1782, as amended, Chesbro. Wires: unlawful removal.
   Under existing law it is a crime for any person to unlawfully and
maliciously take down, remove, injure, or obstruct any line of
telegraph, telephone, or cable television, or any other line used to
conduct electricity,  or any part thereof, or appurtenances or
apparatus connected therewith,  or to sever any wire, or make
any unauthorized connection with any line, other than a telegraph,
telephone, or cable television line, used to conduct electricity.
Under existing law a violation of these provisions is punishable by
imprisonment in a county jail not to exceed 16 months, 2 or 3 years,
or by a fine not exceeding $500, or by imprisonment in a county jail
not exceeding one year.
   This  bill would additionally make it a crime for any person
to unlawfully and maliciously disconnect or cut a line of telegraph,
telephone, or cable television, or any line used to conduct
electricity, or any part thereof, or appurtenance or apparatus
connected therewith. The bill would specify that a connected
appurtenance or apparatus includes a backup deep cycle battery or
other power supply. The  bill would  also  increase
 that   the above-   specified 
fine to an amount not exceeding  $50,000  
$10,000  per incident. 
   By expanding the scope of a 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 591 of the Penal Code is amended to read:
   591.  A person who unlawfully and maliciously takes down, removes,
injures,  disconnects, cuts,  or obstructs  any
  a  line of telegraph, telephone, or cable
television, or any  other  line used to conduct
electricity, or any part thereof, or appurtenances or apparatus
connected therewith  , including, but not limited to, a backup
deep cycle battery or other power supply  , or severs any wire
thereof, or makes any unauthorized connection with any line, other
than a telegraph, telephone, or cable television line, used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, is punishable by imprisonment pursuant
to subdivision (h) of Section 1170, or by a fine not exceeding
 fifty thousand dollars ($50,000)   ten thousand
dollars ($10,000)  per incident, or imprisonment in the county
jail not exceeding one year.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.