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

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

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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-Amended.html

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BILL NUMBER: AB 1909	AMENDED
	BILL TEXT

	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, as amended, 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
 2, 3, or 5   16 months, or 2 or 3  years
for a prosecuting attorney to knowingly, willfully, intentionally,
and wrongfully alter, modify, or withhold any physical matter,
digital image, video recording, or relevant exculpatory material or
information that is required to be disclosed 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.
   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 141 of the Penal Code is amended to read:
   141.  (a) Except as provided in subdivision (b), 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 knowingly, willfully,
intentionally, and wrongfully alters, modifies, or withholds any
physical matter, digital image, video recording, or relevant
exculpatory material or information that is required to be disclosed,
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  two, three, or five   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.