Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 851

Introduced by Assembly Member Cervantes

February 17, 2021

An act to amend Section 566 of add Section 11420 to the Penal Code, relating to crimes. terrorism.


LEGISLATIVE COUNSEL'S DIGEST


AB 851, as amended, Cervantes. Crimes against property. Terrorism.
Existing law makes it a crime to hang a noose, place a sign containing a Nazi swastika, burn a religious symbol on the private property of another, and commit other acts for the purpose of causing terror. Existing law makes it a felony to explode, ignite, or attempt to explode or ignite a destructive device or explosive, or to commit arson, in a church, health facility, courthouse, school, or other specified facility for the purpose of terrorizing another or in reckless disregard of terrorizing another.
This bill would make the commission of murder or kidnapping with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion punishable by imprisonment in the state prison for a term of 25 years to life or imprisonment in the state prison for a term of life without the possibility of parole. 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.

Existing law prohibits the unauthorized possession or use of, or the obliteration of any brand registration on, any milk case, cabinet, or other dairy equipment, as specified.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the California Counterterrorism Act.

SEC. 2.

 Section 11420 is added to the Penal Code, immediately following Section 11419, to read:

11420.
 (a) A person is guilty of terrorism if the person violates Section 187 or 207 with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion.
(b) A violation of subdivision (a) is punishable by imprisonment in the state prison for a term of 25 years to life or imprisonment in a state prison for life without the possibility of parole.

SEC. 3.

 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.
SECTION 1.Section 566 of the Penal Code is amended to read:
566.

It is a felony, punishable by a fine not exceeding one thousand five hundred dollars ($1,500), or by imprisonment pursuant to subdivision (h) of Section 1170, or both, for an unauthorized person to possess or use, or to obliterate or destroy the brand registration upon, containers (including milk cases), cabinets, or other dairy equipment, which have a value in excess of nine hundred fifty dollars ($950), when the containers, cabinets, or other dairy equipment are marked with a brand that is registered pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of Division 15 of the Food and Agricultural Code. “Unauthorized person” has the same meaning of that term as defined in Section 34564 of the Food and Agricultural Code.