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AB-491 Vandalism: political signs.(2009-2010)

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Amended  IN  Assembly  May 04, 2009
Amended  IN  Assembly  April 14, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 491

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   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.