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AB-1542 Violent felonies: video recording.(2017-2018)

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Date Published: 02/18/2017 04:00 AM
AB1542:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1542


Introduced by Assembly Member Dababneh
(Coauthor: Assembly Member Cooper)

February 17, 2017


An act to add Section 667.95 to the Penal Code, relating to violent felonies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1542, as introduced, Dababneh. Violent felonies: video recording.
Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively.
This bill would make it unlawful, in the commission of a violent felony, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. The bill would make a violation of this provision punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.
Under existing law, all persons concerned in the commission of a crime, whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, are principals in any crime so committed.
This bill would make it unlawful to willfully record a video of the commission of a violent felony pursuant to a conspiracy with the perpetrator of the violent felony to record the video, with the intent to encourage the commission of the underlying violent felony. The bill would make a violation of this provision a felony, punishable by a fine not exceeding $5,000, or by imprisonment for 16 months, or 2 or 3 years, or by both that fine and imprisonment. The bill would authorize the submission of that video by the person recording the video to a law enforcement agency at the first reasonable opportunity to be considered as evidence that the person lacked the intent to encourage the commission of the underlying violent felony.
By increasing the penalty for an existing crime and creating a new crime, this 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   Local Program: YES  

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


SECTION 1.

 Section 667.95 is added to the Penal Code, to read:

667.95.
 (a) It is unlawful, in the commission of a violent felony, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. A violation of this subdivision is punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.
(b) (1) It is unlawful to willfully record a video of the commission of a violent felony pursuant to a conspiracy with the perpetrator of the violent felony to record the video, with the intent to encourage the commission of the underlying violent felony. A violation of this paragraph is a felony, punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(2) Submission of the video described in paragraph (1) by the person recording the video to a law enforcement agency at the first reasonable opportunity may be considered as evidence that the person lacked the intent to encourage the commission of the underlying violent felony.
(c) (1) A conviction or enhancement imposed by this section does not preclude prosecution or the imposition of penalties under any other law.
(2) A person shall not be subject to penalties under both subdivisions (a) and (b).
(d) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5.

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.