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AB-207 Vandalism.(2003-2004)

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Amended  IN  Assembly  March 03, 2003
Amended  IN  Assembly  March 19, 2003
Amended  IN  Senate  May 19, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 207

Introduced  by  Assembly Member Maze
 (Coauthor(s): Assembly Member Chavez, Cogdill, Cox, Diaz, Dutton, Goldberg, Harman, Haynes, La Malfa, La Suer, Pacheco, Parra, Runner, Samuelian, Spitzer, Strickland, Wyland)
 (Coauthor(s): Senator Battin, Denham, Knight, Morrow)

January 28, 2003

An act to amend Section 594.35 of the Penal Code, relating to vandalism.


LEGISLATIVE COUNSEL'S DIGEST


AB 207, as amended, Maze. Vandalism.
Existing law defines certain destructive acts as vandalism when committed with respect to the real or personal property of another, as specified. Existing law also provides that it is a crime, punishable by imprisonment in the state prison or in a county jail, to commit various destructive acts with respect to a cemetery marker, tomb, monument, memorial, or grave.
This bill would also provide that it is a crime, punishable by imprisonment in the state prison or in a county jail, to commit an act of vandalism with respect to a veterans’ memorial or monument. Because this bill would change the definition of a 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   Local Program: YES  

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


SECTION 1.

 Section 594.35 of the Penal Code is amended to read:

594.35.
 Every person is guilty of a crime and punishable by imprisonment in the state prison or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following acts:
(a) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any inclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary.
(b) Destroys, mutilates, effaces, damages, or otherwise injures or removes a Veterans’ memorial or monument located any place in the state.
(c) Obliterates any grave, vault, niche, or crypt.
(d) Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery.
(e) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.

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.