Bill Text: CA AB1909 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Falsifying evidence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 879, Statutes of 2016. [AB1909 Detail]

Download: California-2015-AB1909-Chaptered.html

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BILL NUMBER: AB 1909	CHAPTERED
	BILL TEXT

	CHAPTER  879
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2016
	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  JUNE 2, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 19, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 11, 2016

   An act to amend Section 141 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1909, Lopez. Falsifying evidence.
   Existing law makes it a misdemeanor for a person, or a felony for
a peace officer, to knowingly, willfully, intentionally, and
wrongfully alter, modify, plant, place, manufacture, conceal, or move
any physical matter, digital image, or video recording, with the
specific intent that the action will result in a person being charged
with a crime.
   This bill would make it a felony punishable by imprisonment for 16
months or 2 or 3 years for a prosecuting attorney to intentionally
and in bad faith alter, modify, or withhold any physical matter,
digital image, video recording, or relevant exculpatory material or
information, knowing that it is relevant and material to the outcome
of the case, with the specific intent that the physical matter,
digital image, video recording, or relevant exculpatory material or
information will be concealed or destroyed, or fraudulently
represented as the original evidence upon a trial, proceeding, or
inquiry.
   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.


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

  SECTION 1.  Section 141 of the Penal Code is amended to read:
   141.  (a) Except as provided in subdivisions (b) and (c), a person
who knowingly, willfully, intentionally, and wrongfully alters,
modifies, plants, places, manufactures, conceals, or moves any
physical matter, digital image, or video recording, with specific
intent that the action will result in a person being charged with a
crime or with the specific intent that the physical matter will be
wrongfully produced as genuine or true upon a trial, proceeding, or
inquiry, is guilty of a misdemeanor.
   (b) A peace officer who knowingly, willfully, intentionally, and
wrongfully alters, modifies, plants, places, manufactures, conceals,
or moves any physical matter, digital image, or video recording, with
specific intent that the action will result in a person being
charged with a crime or with the specific intent that the physical
matter, digital image, or video recording will be concealed or
destroyed, or fraudulently represented as the original evidence upon
a trial, proceeding, or inquiry, is guilty of a felony punishable by
two, three, or five years in the state prison.
   (c) A prosecuting attorney who intentionally and in bad faith
alters, modifies, or withholds any physical matter, digital image,
video recording, or relevant exculpatory material or information,
knowing that it is relevant and material to the outcome of the case,
with the specific intent that the physical matter, digital image,
video recording, or relevant exculpatory material or information will
be concealed or destroyed, or fraudulently represented as the
original evidence upon a trial, proceeding, or inquiry, is guilty of
a felony punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for 16 months, or two or three years.
   (d) This section does not preclude prosecution under both this
section and any other law.
  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.