Bill Text: CA AB362 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Political signs: theft and damage.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB362 Detail]

Download: California-2009-AB362-Enrolled.html

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BILL NUMBER: AB 362	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 2, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN SENATE  JUNE 28, 2009
	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Members Miller, Garrick, and Ma

                        FEBRUARY 23, 2009

   An act to add Section 490.2 to the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, Miller. Political signs: theft and damage.
   Existing law generally establishes various offenses constituting
theft.
   This bill would make it a crime, except as specified, for a person
to take, possess, damage, reuse, or move any political sign or signs
without authorization from the owner of the sign or signs and with
the intent to prevent, substantially alter, or substantially obscure
the communication of the sign. The bill would make a violation of
this provision punishable as an infraction or a misdemeanor, as
specified, and would make a 2nd or subsequent violation a
misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, a fine not exceeding $2,000, or both. By creating
a new crime, the 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.


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

  SECTION 1.  Section 490.2 is added to the Penal Code, to read:
   490.2.  (a) A person who takes, possesses, damages, reuses, or
moves any political sign or signs without authorization from the
owner of the sign or signs and with the intent to prevent,
substantially alter, or substantially obscure the communication of
the sign, is guilty of an infraction or a misdemeanor. Upon a second
or subsequent conviction of a person under this section, the person
shall be guilty of a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, a fine not exceeding two thousand
dollars ($2,000), or both.
   (b) For purposes of this section, the following terms apply:
   (1) "Owner" means the campaign for which the sign was created, a
purchaser of a sign, a person who received a sign as a gift, a person
who has given permission for the placement of the sign on his or her
property, or a person in lawful possession of property who has given
permission for the placement of the sign on that property.
   (2) "Political sign" means any sign displayed through the day of
an election that advocates the election of a specific candidate for
official office or advocates a position regarding a ballot issue or
issues.
   (3) The prohibition in subdivision (a) does not apply to a law
enforcement officer, local government official, or authorized
representative of the campaign for whom the sign was created, while
acting within the scope of his or her official capacity, to a private
property owner who has not given consent to the placement of a
political sign on his or her property, or to a person in lawful
possession of property who has not given permission for the placement
of the sign on the property.
   (c) Nothing in this section shall preclude prosecution and
punishment under any other provision of law, including, but not
limited to, theft and vandalism.
   (d) This section shall not be interpreted so as to preempt any
valid local ordinance regulating the time, place, or manner of the
placement or display of a political sign.
  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.