Bill Text: CA AB491 | 2009-2010 | Regular Session | Amended

---

Bill Title: Vandalism: political signs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2009-06-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB491 Detail]

Download: California-2009-AB491-Amended.html

---

BILL NUMBER: AB 491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 24, 2009

   An act to add Section 594.9 to the Penal Code, relating to
vandalism.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as amended, Garrick. Vandalism: political signs.
   Existing law establishes various offenses for vandalizing
property, including for the vandalism of polling place materials at
an election.
   This bill would prohibit a person from knowingly destroying,
marking, tearing down, or otherwise defacing a sign supporting or
opposing a candidate for elective office or a ballot measure without
authorization from the campaign responsible for the production or
creation of the sign. The bill would make a person who violates this
provision subject to an additional fine not to exceed $1,000. The
bill would  require any moneys collected for a violation of
this provision to be disbursed to the campaign responsible for the
production or creation of the sign, in an amount not to exceed 50% of
the fine and, when added to the amount of any prior fines paid
during the calendar year to the campaign pursuant to this provision,
not to exceed the amount of any applicable campaign contribution
limit for the year. The balance of the fine pursuant to this
provision would be payable to the local law enforcement agency in the
city or county in which the offense was committed 
provide that the imposition of this fine does not relieve a person of
specified duties relating to court ordered graffiti cleanup or
repair or replacement of damaged property  .
   Because this bill would create a new crime, it 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 594.9 is added to the Penal Code, to read:
   594.9.  (a) A person who knowingly destroys, marks, tears down, or
otherwise defaces a sign supporting or opposing a candidate for
elective office or a ballot measure without authorization from the
campaign responsible for the production or creation of the sign, in
addition to any other penalty provided by law, is subject to an
additional fine not to exceed one thousand dollars ($1,000). 

   (b) Notwithstanding any other provision of law, any moneys
collected or the base fine imposed under subdivision (a) for a
violation of subdivision (a) shall be disbursed as follows: 

   (1) An amount payable to the campaign responsible for the
production or creation of the sign, not to exceed 50 percent of the
fine and, when added to the amount of any prior fines paid during the
calendar year to the campaign pursuant to this section, not to
exceed the amount of any applicable campaign contribution limit for
the calendar year.  
   (2) The balance of the fine shall be payable to the local law
enforcement agency in the city or county in which the offense was
committed.  
   (b) The imposition of a fine pursuant to subdivision (a) does not
relieve a person of the requirements of subdivision (c) of Section
594. 
  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.