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

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

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Bill Title: Political signs: theft and damage.

Sponsorship: 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-Amended.html

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BILL NUMBER: AB 362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 23, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, as amended, 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 knowingly take, possess, damage, reuse, or move any political
sign or signs  having an aggregate value of $400 or more
 without authorization from the owner of the sign or signs.
The bill would make a violation of this provision punishable by
imprisonment in a county jail not exceeding  one year or in
the state prison and by a fine not exceeding $15,000 per incident
  6 months or by a fine not exceeding $1,000 or by both
the fine and imprisonment  . 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  having an aggregate value
of four hundred dollars ($400) or more  without
authorization from the owner of the sign or signs is guilty of a
 crime, punishable by imprisonment in a county jail not
exceeding one year or in the state prison and by a fine not exceeding
fifteen thousand dollars ($15,000) per incident. 
    (b)     A person who
takes, possesses, damages, reuses, or moves any political sign or
signs having an aggregate value of less than four hundred dollars
($400) without authorization from the owner of the sign or signs is
punishable pursuant to provisions governing petty theft. 
 misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding one thousand dollars
($1,000), or by both the fine and imprisonment.  
   (c) 
    (b)  For purposes of this section, "political sign"
means any sign advocating the election of a specific candidate for
official office or advocating a position regarding a ballot issue or
issues. 
   (d) 
    (c)  The prohibition in subdivision (a) 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. 
   (d) Nothing in this section shall preclude prosecution and
punishment under any other provision of law, including, but not
limited to, grand theft and vandalism. 
  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.