Bill Text: CA AB1894 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medical cannabis.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-05-29 - Read third time. Refused passage. (Ayes 26. Noes 33. Page 5372.). [AB1894 Detail]

Download: California-2013-AB1894-Introduced.html

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BILL NUMBER: AB 1894	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 19, 2014

   An act to add Section 653.3 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1894, as introduced, Wieckowski. Falsely filed liens or
encumbrances.
   Existing law governs the procedure for levying an execution lien
upon real or personal property and requires the judgment creditor to
give the levying officer written instructions containing the
information needed or requested by the levying officer to serve the
writ, order, notice, or other paper on a person. Under existing law,
a person who files any allegation of misconduct against any peace
officer, knowing the allegation to be false, is guilty of a
misdemeanor.
   This bill would make it a misdemeanor for any person to file,
attempt to file, or conspire to file, in any public record, or any
private record that is generally available to the public, any false
lien or encumbrance against the real or personal property of a peace
officer, as defined, on account of the performance of that peace
officer's official duties, if the person filing, attempting to file,
or conspiring to file the public or private record knows, or has
reason to know, that the lien or encumbrance is false or contains any
materially false, fictitious, or fraudulent statement or
representation. By 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 653.3 is added to the Penal Code, to read:
   653.3.  Whoever files, attempts to file, or conspires to file, in
any public record, or in any private record that is generally
available to the public, any false lien or encumbrance against the
real or personal property of an individual described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, on account of the
performance of the official duties of that person pursuant to that
chapter, if the person filing, attempting to file, or conspiring to
file the public or private record knows, or has reason to know, that
the lien or encumbrance is false or contains any materially false,
fictitious, or fraudulent statement or representation, is guilty of a
misdemeanor.
  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.