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AB-2801 Crimes: memorials: veterans and law enforcement.(2017-2018)

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Date Published: 06/14/2018 09:00 PM
AB2801:v96#DOCUMENT

Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  April 09, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2801


Introduced by Assembly Member Salas
(Coauthor: Assembly Member Gonzalez Fletcher)

February 16, 2018


An act to amend Section 621 of the Penal Code, relating to memorials.


LEGISLATIVE COUNSEL'S DIGEST


AB 2801, as amended, Salas. Crimes: memorials: veterans and law enforcement.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans’ memorial constructed or established in specified ways. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighter’s memorial.

This bill would make it a crime to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veteran’s memorial. By expanding the scope of a 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.

This bill would specify that the provisions above regarding law enforcement and firefighter’s memorials do not preclude prosecution under any other provision of law, including those regarding veterans’ memorials.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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


SECTION 1.

 Section 621 of the Penal Code is amended to read:

621.
 (a) Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veteran’s memorial, law enforcement memorial, memorial or firefighter’s memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year.
(b) This section does not preclude prosecution under any other provision of law. law, including Section 1318 of the Military and Veterans Code.

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.