AB 256: Falsifying evidence.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-03
Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation.
This bill would expand that prohibition to include a digital image, or a video recording that is owned by another, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings that are owned by others, or their content.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime.
This bill would clarify that the conduct constituting the offense is done wrongfully in order to have a person charged with a crime.
Existing law also makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording. The bill would recast the requisite specific intent for the offense committed by a peace officer by requiring that the physical matter, digital image, or video recording be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry.
By expanding the definition of crimes, the 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.
Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation.
This bill would expand that prohibition to include a digital image, or a video recording that is owned by another, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings that are owned by others, or their content.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime.
This bill would clarify that the conduct constituting the offense is done wrongfully in order to have a person charged with a crime.
Existing law also makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording. The bill would recast the requisite specific intent for the offense committed by a peace officer by requiring that the physical matter, digital image, or video recording be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry.
By expanding the definition of crimes, the 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.
Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation.
This bill would expand that prohibition to include a digital image or image, or a video recording that is owned by another, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings, recordings that are owned by others, or their content.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings. crime.
This bill would clarify that the conduct constituting the offense is done wrongfully in order to have a person charged with a crime.
Existing law also makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording, and would expand the requisite specific intent to include the intent that the physical matter, digital image, or video recording will not be available for production at those proceedings. recording. The bill would recast the requisite specific intent for the offense committed by a peace officer by requiring that the physical matter, digital image, or video recording be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry.
By expanding the definition of crimes, the 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.
Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation.
This bill would expand that prohibition to include a digital image or video recording, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings, or their content.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording, and would expand the requisite specific intent to include the intent that the physical matter, digital image, or video recording will not be available for production at those proceedings. By
By expanding the definition of a crime, crimes, the 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.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording. recording, and would expand the requisite specific intent to include the intent that the physical matter, digital image, or video recording will not be available for production at those proceedings. By expanding the definition of a crime, the 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.
Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime or with specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings.
This bill would expand that prohibition to include any digital image or video recording. By expanding the definition of a crime, the 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.
A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor.
SEC. 2.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)This section does not preclude prosecution under both this section and any other law.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor.
SEC. 2.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)This section does not preclude prosecution under both this section and any other law.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording, recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation whatever, investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent thereby to prevent it or its content from being produced, is guilty of a misdemeanor.
SEC. 2.Section 141 of the Penal Code is amended to read:141.(a)Except as provided in subdivision (b), a person who knowingly, willfully, and intentionally 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 whatever, inquiry, is guilty of a misdemeanor.
(b)A peace officer who knowingly, willfully, and intentionally 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 not be available for production, or will be wrongfully produced as genuine or true, upon a trial, proceeding, or inquiry whatever, 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)This section does not preclude prosecution under both this section and any other law.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Every A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording, or other matter or thing, is about to be produced in evidence upon any a trial, inquiry, or investigation whatever, authorized by law, willfully destroys destroys, erases, or conceals the same, with intent thereby to prevent it or its content from being produced, is guilty of a misdemeanor.
SECTION 1.SEC. 2.Section 141 of the Penal Code is amended to read:141.(a)Except as provided in subdivision (b), a person who knowingly, willfully, and intentionally 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 whatever, is guilty of a misdemeanor.
(b)A peace officer who knowingly, willfully, and intentionally 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 not be available for production, or will be wrongfully produced as genuine or true, upon a trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison.
(c)This section does not preclude prosecution under both this section and any other law.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Except as provided in subdivision (b), a person who knowingly, willfully, and intentionally 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 whatever, is guilty of a misdemeanor.
(b)A peace officer who knowingly, willfully, and intentionally 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 matter, digital image, or video recording will not be available for production, or will be wrongfully produced as genuine or true true, upon a trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison.
(c)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 XIIIB 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 XIIIB of the California Constitution.
(a)Except as provided in subdivision (b), any a person who knowingly, willfully, and intentionally 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 any a trial, proceeding, or inquiry whatever, is guilty of a misdemeanor.
(b)Any A peace officer who knowingly, willfully, and intentionally 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 any a trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison.
(c)Nothing in this This section shall does not preclude prosecution under both this section and any other provision of law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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Date
|
Status
|
|---|---|
| Jun 16, 2015 | In committee: Hearing postponed by committee. |
| Oct 3, 2015 | Chaptered by Secretary of State - Chapter 463, Statutes of 2015. |
| Oct 3, 2015 | Approved by the Governor. |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2908.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 3, 2015 | Assembly Rule 77 suspended. (Page 2859.) |
| Sep 3, 2015 | Assembly Rule 77 suspended. |
| Sep 2, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2396.). |
| Sep 2, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 2, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Aug 27, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (August 27). |
| Jul 6, 2015 | In committee: Referred to APPR. suspense file. |
| Jun 23, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 23). Re-referred to Com. on APPR. |
| Feb 9, 2015 | Read first time. To print. |
| Jun 16, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 10, 2015 | In committee: Hearing postponed by committee. |
| May 21, 2015 | Referred to Com. on PUB. S. |
| May 11, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1374.) |
| May 11, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2015 | Read third time and amended. Ordered to third reading. (Page 1256.) |
| May 4, 2015 | Read third time and amended. Ordered to third reading. |
| Apr 16, 2015 | Read second time. Ordered to third reading. |
| Apr 15, 2015 | From committee: Do pass. (Ayes 16. Noes 0.) (April 15). |
| Apr 8, 2015 | Re-referred to Com. on APPR. |
| Apr 7, 2015 | Read second time and amended. |
| Apr 6, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 24). |
| Mar 17, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 17, 2015 | Referred to Com. on PUB. S. |
| Feb 10, 2015 | From printer. May be heard in committee March 12. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 4, 2015 | AB 256 JONES-SAWYER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 2, 2015 | Assembly 3rd Reading AB256 Jones-Sawyer By Leyva | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 6, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 23, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 11, 2015 | AB 256 JONES-SAWYER Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 15, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 24, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | ** Support | Mar 24, 2015 |
| American Friends Service Committee | ** Support | Sep 2, 2015 |
| California Attorneys For Criminal Justice | ** Support | Sep 2, 2015 |
| California District Attorneys Association | ** Support | Sep 2, 2015 |
| California Public Defenders Association | ** Support | Sep 2, 2015 |
| California State Sheriffs' Association | ** Support | Mar 24, 2015 |
| Ella Baker Center For Human Rights | ** Support | Sep 2, 2015 |
| Homies Unidos | ** Support | Mar 24, 2015 |
| Justice Now | ** Support | Mar 24, 2015 |
| Los Angeles County District Attorney'S Office | ** Support | Sep 2, 2015 |
| Motivating Individual Leadership for Public Advancement | ** Support | Mar 24, 2015 |
| One private individual | ** Support | Mar 24, 2015 |
| Policy Link | ** Support | Mar 24, 2015 |
AB 256
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 256
(Jones-Sawyer)
As Amended June 16, 2015
Majority vote
ASSEMBLY: |
79-0 |
(May 11, 2015) |
SENATE: |
40-0 |
(September 2, 2015) |
Original Committee Reference: PUB. S.
SUMMARY: Expands the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings owned by another.
The Senate amendments:
Limit the application to video recordings owned by another person
Make clarifying, non-substantive changes.
EXISTING LAW:
Makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor
Provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.
Provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
AS PASSED BY THE ASSEMBLY, this bill:
Specified that the prohibition against any individual knowingly, willfully, and intentionally tampering with physical evidence includes tampering with a digital image or video recording.
Specified that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Prohibited a peace officer from knowingly, willfully, and intentionally tampering with physical matter, a digital image, or video recording with the specific intent that the item be unavailable for production.
Updated existing law criminalizing a person’s destruction or concealment of a book, paper, record, instrument, or other matter or thing with the intention of preventing it from being produced as evidence to include digital images and video recordings.
FISCAL EFFECT: According to the Senate Appropriations Committee:
Potential increase in state costs (General Fund) for felony convictions resulting in additional commitments to state prison. While the number of commitments to state prison in any one year is likely to be minimal, to the extent even one commitment per year occurs over a two-year period would result in state costs of $54,000 based on the estimated in-state contract bed cost per inmate of $27,000 per year.
Potential increase in non-reimbursable local enforcement and incarceration costs, offset to a degree by fine revenue for new misdemeanor convictions.
COMMENTS: According to the author, "Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001817
AB 256
Page 4
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 256
Amended: 6/16/15 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/23/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 5/11/15 - See last page for vote
SOURCE: California Attorneys for Criminal Justice
DIGEST: This bill expands the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings.
Existing law:
Provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. (Penal Code §118.1.)
Provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor (Penal Code §135.)
Provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (Penal Code §148.5 (a).)
Makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Penal Code, §141(a).)
Makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Penal Code §141(b).)
This bill:
Specifies that the prohibition on destroying or concealing evidence applies to a digital image or a video recording owned by another and applies also if it was erased with the intent to prevent it or its content from being produced.
Specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Makes it a felony for a peace officer to knowingly, willfully, intentionally and wrongfully tamper with a digital image, or video recording 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.
Background
Existing law prohibits any individual from willfully destroying or concealing, knowing it will be evidence in a case, with the intent of keeping it from being produced in that case. It is generally a misdemeanor but is a felony if a peace officer knowingly, willfully and intentionally alters, modifies, plants, places, manufacturers conceals or moves and physical matter with the intent that the action will result in a person being charged with a crime or that he evidence will be represented as original in a trial. This bill updates these sections to include a digital image or video recording
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Potential increase in state costs (General Fund) for felony convictions resulting in additional commitments to state prison. While the number of commitments to state prison in any one year is likely to be minimal, to the extent even one commitment per year occurs over a two-year period would result in state costs of $54,000 based on the estimated in-state contract bed cost per inmate of $27,000 per year.
Potential increase in non-reimbursable local enforcement and incarceration costs, offset to a degree by fine revenue for new misdemeanor convictions.
California Attorneys for Criminal Justice (source)
American Civil Liberties Union
American Friends Service Committee
California District Attorneys Association
California Police Chiefs Association, Inc.
California Public Defenders Association
Ella Baker Center for Human Rights
Los Angeles County District Attorney’s Office
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 79-0, 5/11/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood
NO VOTE RECORDED: Atkins
Prepared by: Mary Kennedy / PUB. S. /
8/31/15 8:31:55
**** END ****
AB 256 (Jones-Sawyer) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 256 (Jones-Sawyer) - Falsifying evidence
|
|
Version: June 16, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: July 6, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 256 would expand the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings.
Fiscal Impact:
Potential increase in state costs (General Fund) for felony convictions resulting in additional commitments to state prison. While the number of commitments to state prison in any one year is likely to be minimal, to the extent even one commitment per year occurs over a two-year period would result in state costs of $54,000 based on the estimated in-state contract bed cost per inmate of $27,000 per year.
Potential increase in non-reimbursable local enforcement and incarceration costs, offset to a degree by fine revenue for new misdemeanor convictions.
Background:
Existing law makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding, or inquiry. (Penal Code (PC) § 141(a).)
In the case of a peace officer, an officer who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, 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 any trial, proceeding, or inquiry, is guilty of a felony punishable by two, three, or five years in the state prison. (PC § 141(b).)
Existing law provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor. (PC § 135.)
This bill seeks to update the aforementioned provisions of law to expand the prohibition against tampering with evidence to include digital images and video recordings.
Proposed Law:
This bill would expand the prohibition against falsifying evidence to include digital images and video recordings. Specifically, this bill:
Provides that 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.
In the case of peace officers, specifies that an 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.
Specifies that the prohibition against destroying or concealing evidence applies to a digital image or video recording owned by another and also applies if it was erased with the intent to prevent it or its content from being produced.
Prior Legislation:
AB 1993 (Romero) Chapter 620/2000 made it a felony for a peace officer to knowingly alter, place, or move physical matter with the specific intent to wrongfully charge another person for a crime.
-- END --
AB 256 (Jones-Sawyer ) Page 4 of 4
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 256 Hearing Date: June 23, 2015
Author: |
Jones-Sawyer |
||
Version: |
June 16, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Falsifying Evidence
HISTORY
Source: California Attorneys for Criminal Justice
Prior Legislation: AB 1993 (Romero), Chapter 620, Statutes of 2000
Support: American Civil Liberties Union; American Friends Service Committee; California District Attorneys Association; California Police Chiefs Association, Inc.; California Public Defenders Association; Ella Baker Center for Human Rights; Los Angeles County District Attorney’s Office
Opposition: None known
Assembly Floor Vote: 79 - 0
PURPOSE
The purpose of this bill is to expand the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings.
Existing law provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three
years. (Penal Code §118.1.)
Existing law provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor (Penal Code §135.)
This bill additionally specifies that the prohibition on destroying or concealing evidence applies to a digital image or a video recording owned by another and applies also if it was erased with the intent to prevent it or its content from being produced.
Existing law provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (Penal Code §148.5 (a).)
Existing law makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Penal Code, §141(a).)
This bill specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Existing law makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Penal Code §141(b).)
This bill additionally makes it a felony for a peace officer to knowingly, willfully, intentionally and wrongfully tamper with a digital image, or video recording 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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
In 2000, Assembly Bill 1993(Romero) was signed into law making it a felony for a peace officer to knowingly alter, place, or move physical matter with the specific intent to wrongfully charge another person for a crime. This Romero bill was inspired by the Los Angeles Police Department Rampart scandal.
However, with technological advancements, this law has not been updated to accommodate these developments. Personal mobile phones and other electronic devices now allow individuals to capture images and videos. This recording capability has provided the public an opportunity to monitor instances of police misconduct.
Throughout the state, there have been several instances of police misconduct documented by civilians on their personal mobile devices. In many instances, peace officers have temporarily confiscated person’s mobile devices as possible evidence, only to return the mobile devices with material digital images and/or videos deleted or destroyed.
For example, in May 2013, police in Bakersfield temporarily confiscated the mobile devices of two witnesses who recorded police beating a 33-year-old father of four. The victim of the police beating subsequently died. The police returned the devices with the video of the incident deleted.
Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated. AB 256 ensures the law will not be misinterpreted by specifically clarifying that “any physical matter” includes digital images and video recordings.
2. Updating the Law to Include Video Recordings
Existing law prohibits any individual from willfully destroying or concealing, knowing it will be evidence in a case, with the intent of keeping it from being produced in that case. It is generally a misdemeanor but is a felony if a peace officer knowingly, willfully and intentionally alters, modifies, plants, places, manufacturers conceals or moves and physical matter with the intent that the action will result in a person being charged with a crime or that he evidence will be represented as original in a trial. This bill updates these sections to include a digital image or video recording
Several U.S. Courts of Appeals have specifically recognized a First Amendment right to record the police and/or other public officials in a public place. (See Glik v. Cunniffe (1st Cir. 2011) 655 F.3d 78, 85 ("[A] citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."]; ACLU of Illinios v. Alvarez (7th. Cir. 2012) 679 F.3d 583, 595 ["The act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording."]; Fordyce v. City of Seattle (9th Cir. 1995) 55 F.3d 436, 438 (assuming a First Amendment right to record the police); and Smith v. City of Cumming (11th Cir. 2000) 212 F.3d 1332, 1333 ["The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest."].)
In California there is no law preventing a civilian from openly recording a police officer carrying out his or her duties in a public place. However, a person does not have the right to interfere with the police when recording. If an individual does interfere with an officer doing his or her work, that person may be charged with obstruction of justice. In this day and age where many cell phones have cameras and video recording capabilities, recording an interaction between police and a member of the public is becoming more and more common. There have been reported incidents of police officers either trying to arrest individuals or destroy photographs or recordings when the officers realize they are being recorded. This bill would subject an officer to felony prosecution for tampering with or confiscating such photographs or video recordings.
-- END –
AB 256
Page 2
ASSEMBLY THIRD READING
AB 256
(Jones-Sawyer)
As Amended May 4, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Public Safety |
7-0 |
Quirk, Melendez, Gonzalez, Jones-Sawyer, Lackey, Low, Santiago |
|
Appropriations |
16-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Expands the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings. Specifically, this bill:
Specifies that the prohibition against any individual knowingly, willfully, and intentionally tampering with physical evidence includes tampering with a digital image or video recording.
Specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Prohibits a peace officer from knowingly, willfully, and intentionally tampering with physical matter, a digital image, or video recording with the specific intent that the item be unavailable for production.
Updates existing law criminalizing a person’s destruction or concealment of a book, paper, record, instrument, or other matter or thing with the intention of preventing it from being produced as evidence to include digital images and video recordings.
EXISTING LAW:
Makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor
Provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.
Provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, likely minor fiscal impact to the Department of Corrections and Rehabilitation (CDCR). If one peace officer were convicted per year for tampering with digital evidence, the annual cost to CDCR would be approximately $27,000 the first year and $54,000 the second year, $84,000 the third year.
Minor, nonreimbursable costs for incarceration, offset to a degree by increased fine revenue, to the extent the misdemeanor results in incarceration.
COMMENTS:
According to the author, "Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000321
AB 256
Page 2
ASSEMBLY THIRD READING
AB 256
(Jones-Sawyer)
As Amended April 7, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Public Safety |
7-0 |
Quirk, Melendez, Gonzalez, Jones-Sawyer, Lackey, Low, Santiago |
|
Appropriations |
16-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Expands the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings. Specifically, this bill:
Specifies that the prohibition against any individual knowingly, willfully, and intentionally tampering with physical evidence includes tampering with a digital image or video recording.
Specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Prohibits a peace officer from knowingly, willfully, and intentionally tampering with physical matter, a digital image, or video recording with the specific intent that the item be unavailable for production.
EXISTING LAW:
Makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor
Provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.
Provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, likely minor fiscal impact to the Department of Corrections and Rehabilitation (CDCR). If one peace officer were convicted per year for tampering with digital evidence, the annual cost to CDCR would be approximately $27,000 the first year and $54,000 the second year, $84,000 the third year.
Minor, nonreimbursable costs for incarceration, offset to a degree by increased fine revenue, to the extent the misdemeanor results in incarceration.
COMMENTS:
According to the author, "Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000149
AB 256
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 256
(Jones-Sawyer) – As Amended April 7, 2015
Policy Committee: |
Public Safety |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill expands the prohibition against knowingly, willfully, and intentionally tampering with evidence to include digital images and video recordings. Specifically, this bill:
Specifies that the prohibition against any individual knowingly, willfully, and intentionally tampering with physical evidence includes tampering with a digital image or video recording, a violation of which is a misdemeanor.
Specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording, a violation of which is a felony punishable by two, three or five years in state prison.
Prohibits a peace officer from knowingly, willfully, and intentionally tampering with physical matter, a digital image, or video recording with the specific intent that the item be unavailable for production, a violation of which is a felony punishable by two, three or five years in state prison.
FISCAL EFFECT:
Likely minor fiscal impact to the Department of Corrections and Rehabilitation (CDCR). If one peace officer were convicted per year for tampering with digital evidence, the annual cost to CDCR would be approximately $27,000 the first year and $54,000 the second year, $84,000 the third year.
Minor, nonreimbursable costs for incarceration, offset to a degree by increased fine revenue, to the extent the misdemeanor results in incarceration.
COMMENTS:
Background. Current law makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry.
Current law makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 any trial, proceeding or inquiry.
Purpose. According to the author, "Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Argument in Support: According to the California Attorneys for Criminal Justice, the sponsor of this bill, "In 2000, Assembly Bill 1993(Romero) was signed into law making it a felony for a peace officer to knowingly alter, place, or move physical matter with the specific intent to wrongfully charge another person for a crime. The AB 1993 was inspired by the Los Angeles Police Department Rampart scandal.
"However, with technological advancements, this law has not been updated to accommodate these developments. Personal mobile phones and other electronic devices now allow individuals to capture images and videos. This recording capability has provided the public an opportunity to lawfully monitor instances of police misconduct."
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
AB 256
Page 4
Date of Hearing: March 24, 2015
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 256
(Jones-Sawyer) – As Introduced February 9, 2015
As Proposed to be Amended in Committee
SUMMARY:
Expands the prohibition against knowingly, willfully, and
intentionally tampering with evidence to include digital images and
video recordings. Specifically, this bill:
Specifies that the prohibition against any individual knowingly, willfully, and intentionally tampering with physical evidence includes tampering with a digital image or video recording.
Specifies that the prohibition against a peace officer knowingly, willfully and intentionally tampering with physical evidence to charge someone with a crime or to produce as true evidence at trial includes tampering with a digital image or video recording.
Prohibits a peace officer from knowingly, willfully, and intentionally tampering with physical matter, a digital image, or video recording with the specific intent that the item be unavailable for production.
EXISTING LAW:
Makes it a misdemeanor for a person to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Pen. Code, § 141, subd. (a).)
Makes it a felony for a peace officer to knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, 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 be will be wrongfully produced as genuine or true upon any trial, proceeding or inquiry. (Pen. Code, § 141, subd. (b).)
Provides that every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor (Pen. Code, § 135.)
Provides that every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. (Pen. Code, § 118.1.)
Provides that every person who reports to any peace officer, or district attorney, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (Pen. Code, § 148.5, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Recording the Police: "The First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." (Houston v. Hill (1987) 482 U.S. 451, 461.) Moreover, "The First Amendment protects not just the right of the press to gather news — it affords that right to the general public as well. (citation.) Technology has put the ability to gather and disseminate newsworthy information literally in the hands of anyone who has a cell phone. With increasingly [sic] frequency, events of local, regional, national, and even international significance first and frequently most vividly come to public attention because a bystander saw, recorded, and, often as those events were underway, transmitted what was happening." (Crawford v. Geiger (2014) 996 F.Supp.2d 603, 614, citation omitted.)
Several U.S. Courts of Appeals have specifically recognized a First Amendment right to record the police and/or other public officials in a public place. (See Glik v. Cunniffe (1st Cir. 2011) 655 F.3d 78, 85 ("[A] citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."]; ACLU of Illinios v. Alvarez (7th. Cir. 2012) 679 F.3d 583, 595 ["The act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording."]; Fordyce v. City of Seattle (9th Cir. 1995) 55 F.3d 436, 438 (assuming a First Amendment right to record the police); and Smith v. City of Cumming (11th Cir. 2000) 212 F.3d 1332, 1333 ["The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest."].)
In California there is no law preventing a civilian from openly recording a police officer carrying out his or her duties in a public place. However, a person does not have the right to interfere with the police when recording. If an individual does interfere with an officer doing his or her work, that person may be charged with obstruction of justice.
In this day and age where many cell phones have cameras and video recording capabilities, recording an interaction between police and a member of the public is becoming more and more common. There have been reported incidents of police officers either trying to arrest individuals or destroy photographs or recordings when the officers realize they are being recorded. This bill would subject an officer to felony prosecution for tampering with or confiscating such photographs or video recordings.
Argument in Support: According to the California Attorneys for Criminal Justice, the sponsor of this bill, "In 2000, Assembly Bill 1993(Romero) was signed into law making it a felony for a peace officer to knowingly alter, place, or move physical matter with the specific intent to wrongfully charge another person for a crime. The AB 1993 was inspired by the Los Angeles Police Department Rampart scandal.
"However, with technological advancements, this law has not been updated to accommodate these developments. Personal mobile phones and other electronic devices now allow individuals to capture images and videos. This recording capability has provided the public an opportunity to lawfully monitor instances of police misconduct.
"There is an additional importance to updating P.C. 141; preservation of videos taken by the public of police interactions is integral for accountability and oversight. Throughout the state, there have been several instances of police misconduct documented by civilians on their personal mobile devices. In many instances, peace officers have temporarily confiscated person’s mobile devices as possible evidence, only to return the mobile devices with material digital images and/or videos altered, modified, or completely deleted. For example, in May 2013, police in Bakersfield temporarily confiscated the mobile devices of two witnesses who recorded police beating a 33-year-old father of four. The victim of the police beating subsequently died. The police returned the devices with the video of the incident deleted. Increasingly, as the public captures questionable police practices on video, it is critical that we send a message that altering or deleting these videos will not be tolerated."
Argument in Opposition: None submitted.
Related Legislation: SB 411 (Lara) specifies that taking a photograph or making a recording of an officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not in and of itself a crime, nor does it constitute reasonable suspicion to detain the person, or probable cause to arrest the person. SB 411 is pending hearing in the Senate Public Safety Committee.
Prior Legislation: AB 1993 (Romero), Chapter 620, Statutes of 2000, made it a crime to intentionally alter physical matter with the intent that the evidence be used to charge a person with a crime.
REGISTERED
SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice (Sponsor)
American
Civil Liberties Union of California
American Friends Service
Committee
California Public Defenders Association
California
State Conference of the National Association for the Advancement of
Colored People
California State Sheriffs' Association
Homies
Unidos
Justice Now
Lawyers Committee for Civil Rights of
the San Francisco Bay Area
Motivating Individual Leadership for
Public Advancement
Policy Link
One private individual
Opposition
None
Analysis Prepared by:
Sandy Uribe/PUB. S./(916) 319-3744
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
43SEC
Senate Standing Committee on Appropriations
1MIN
Assembly Floor
1MIN
Assembly Floor
6MIN
Assembly Standing Committee on Appropriations
7MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):