AB 2801: Crimes: memorials: veterans and law enforcement.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-19
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial constructed or established in specified ways. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighters memorial.
This bill would specify that the provisions above regarding law enforcement and firefighters memorials do not preclude prosecution under any other provision of law, including those regarding veterans memorials.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial constructed or established in specified ways. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighters memorial.
This bill would specify that the provisions above regarding law enforcement and firefighters memorials do not preclude prosecution under any other provision of law, including those regarding veterans memorials.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial constructed or established in specified ways. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighters memorial.
This bill would make it a crime to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial. By expanding the scope of a 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.This bill would specify that the provisions above regarding law enforcement and firefighters memorials do not preclude prosecution under any other provision of law, including those regarding veterans memorials.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighters memorial.
This bill would make it a crime to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial. The bill would also subject a person who violates that prohibition involving those types of memorials to a fine of not more than $2,500 and a minimum 48 hours of community service, as specified. By expanding the scope of a 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.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law also makes it a crime to knowingly buy or receive any property that has been stolen or that has been obtained in any manner constituting theft or extortion. Existing law makes it a crime, punishable as a felony or a misdemeanor, to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any law enforcement memorial or firefighters memorial.
This bill would make it a crime to maliciously receive, retain, or dispose of a grave marker or other structure designed to commemorate the grave of a veteran or law enforcement official that the person knows, or reasonably should know, is stolen, except as specified. The bill would make it a crime to maliciously damage, deface, destroy, mutilate, or remove a grave marker or metal plaque from the grave of a veteran or law enforcement official. The bill would also make it a crime to maliciously damage, deface, destroy, mutilate, or remove any object or structure set to memorialize a veteran or law enforcement official. Because this bill would create a new crime, it would impose a state-mandated local program.This bill would make it a crime to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove any veterans memorial. The bill would also subject a person who violates that prohibition involving those types of memorials to a fine of not more than $2,500 and a minimum 48 hours of community service, as specified. By expanding the scope of a 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.
Existing law makes it a crime for a person to destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. Existing law also makes it a crime to knowingly buy or receive any property that has been stolen or that has been obtained in any manner constituting theft or extortion.
This bill would make it a crime to maliciously receive, retain, or dispose of a grave marker or other structure designed to commemorate the grave of a veteran or law enforcement official that the person knows, or reasonably should know, is stolen, except as specified. The bill would make it a crime to maliciously damage, deface, destroy, mutilate, or remove a grave marker or metal plaque from the grave of a veteran or law enforcement official. The bill would also make it a crime to maliciously damage, deface, destroy, mutilate, or remove any object or structure set to memorialize a veteran or law enforcement official. 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.
(a)Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any law enforcement memorial or firefighters memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year.
(b)This section does not preclude prosecution under any other provision of law, including Section 1318 of the Military and Veterans Code.
(a)Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any law enforcement memorial or firefighters memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year.
(b)This section does not preclude prosecution under any other provision of law, including Section 1318 of the Military and Veterans Code.
(a)Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veterans memorial, law enforcement memorial, memorial or firefighters memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year.
(b)This section does not preclude prosecution under any other provision of law. law, including Section 1318 of the Military and Veterans Code.
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)Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veterans memorial, law enforcement memorial, or firefighters memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year and a fine of not more than two thousand five hundred dollars ($2,500) and a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. year.
(b)This section does not preclude prosecution under 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.
REVISIONS: HeadingLine 2.Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veterans memorial, law enforcement memorial memorial, or firefighters memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year. year and a fine of not more than two thousand five hundred dollars ($2,500) and a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment.
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.
SECTION 1.Section 594.35 of the Penal Code is amended to read:594.35.(a)Except as provided in subdivision (b), a person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following:(1)Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary.(2)Obliterates any grave, vault, niche, or crypt.(3)Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery.(4)Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.(b)A person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail not exceeding one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment, who maliciously does any of the following:(1)Receives, retains, or disposes of a grave marker or other structure designed to commemorate the grave of a veteran or law enforcement official, which the person knows or should reasonably know to be stolen, unless the intent is to return the stolen marker to a cemetery, a member of law enforcement, a member of the Department of Veterans Affairs or a nonprofit veterans service group, a veterans agent of a town or court, or to a person who disposes of veterans grave markers or other structures or things in a like manner.(2)Damages, defaces, destroys, mutilates, or removes a grave marker or metal plaque from the grave of a veteran or law enforcement official.(3)Damages, defaces, destroys, mutilates, or removes any object or structure set to memorialize a veteran or law enforcement official.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.Every (a)Except as provided in subdivision (b), a person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following:
(a)(1)Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary.
(b)(2)Obliterates any grave, vault, niche, or crypt.
(c)(3)Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery.
(d)(4)Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.
(b)A person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail not exceeding one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment, who maliciously does any of the following:
(1)Receives, retains, or disposes of a grave marker or other structure designed to commemorate the grave of a veteran or law enforcement official, which the person knows or should reasonably know to be stolen, unless the intent is to return the stolen marker to a cemetery, a member of law enforcement, a member of the Department of Veterans Affairs or a nonprofit veterans service group, a veterans agent of a town or court, or to a person who disposes of veterans grave markers or other structures or things in a like manner.
(2)Damages, defaces, destroys, mutilates, or removes a grave marker or metal plaque from the grave of a veteran or law enforcement official.
(3)Damages, defaces, destroys, mutilates, or removes any object or structure set to memorialize a veteran or law enforcement official.
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
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Status
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|---|---|
| Sep 19, 2018 | Chaptered by Secretary of State - Chapter 549, Statutes of 2018. |
| Sep 19, 2018 | Approved by the Governor. |
| Aug 27, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 20, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77. |
| Aug 13, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 1, 2018 | Ordered to special consent calendar. |
| Jun 19, 2018 | Read second time. Ordered to third reading. |
| Jun 18, 2018 | Withdrawn from committee. |
| Jun 14, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 12). |
| May 10, 2018 | Referred to Com. on PUB. S. |
| Apr 26, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 26, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 19, 2018 | Read second time. Ordered to Consent Calendar. |
| Apr 18, 2018 | Coauthors revised. |
| Apr 10, 2018 | Re-referred to Com. on APPR. |
| Apr 9, 2018 | Read second time and amended. |
| Apr 5, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 3). |
| Apr 2, 2018 | Re-referred to Com. on PUB. S. |
| Mar 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 8, 2018 | Referred to Com. on PUB. S. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 20, 2018 | AB 2801 SALAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 13, 2018 | Special Consent AB2801 | Senate Floor |
Passed |
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| Jun 12, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
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| Apr 26, 2018 | AB 2801 SALAS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 18, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 3, 2018 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | 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.
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Organization
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Position
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Date
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|---|---|---|
| American G.I. Forum Department Of California | ** Support | Jun 20, 2018 |
| American GI Forum Department of California | ** Support | Apr 2, 2018 |
| American Legion - Department of California | ** Support | Jun 20, 2018 |
| AMVETS Department of California | ** Support | Jun 20, 2018 |
| California Association Of County Veterans Association | ** Support | Jun 20, 2018 |
| California Police Chiefs Association | ** Support | Jun 20, 2018 |
| California Special Districts Association | ** Support | Jun 20, 2018 |
| California State Commanders Veterans Council | ** Support | Jun 20, 2018 |
| Chief Probation Officers Of California | ** Support | Jun 20, 2018 |
| Los Angeles County Professional Peace Officers Association | ** Support | Jun 20, 2018 |
| Peace Officers Research Association Of California | ** Support | Jun 20, 2018 |
| Riverside Sheriffs' Association | ** Support | Jun 20, 2018 |
| Vietnam Veteran Association | ** Support | Jun 20, 2018 |
| Vietnam Veterans Association | ** Support | Apr 2, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2801
Author:(Salas)
As Amended Ver:June 14, 2018
Majority vote
ASSEMBLY: | 74-0 | (April 26, 2018) | SENATE: | 37-0 | (August 13, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Provides a cross-reference to the Military and Veterans Code provision related to vandalism of veterans' memorials in the Penal Code provision related to vandalism of law enforcement and firefighter memorials.
The Senate amendments delete the Assembly version of this bill and instead cross reference the Military and Veterans Code in the statute criminalizing vandalism of law enforcement and firefighter memorials.
EXISTING LAW:
- Makes it a crime to maliciously destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery.
- Punishes the malicious defacement or destruction of cemetery property as a misdemeanor with imprisonment in the county jail not exceeding one year, or as a felony with imprisonment in the county jail pursuant to realignment.
- Provides that every person who maliciously destroys or vandalizes any law enforcement or firefighter memorial is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment.
- Provides that every person who willfully destroys or vandalizes any municipal monument, work of art, ornamental improvement, or tree or plant, whether on private or public property, is guilty of a misdemeanor.
- Provides that every person who maliciously destroys, mutilates, or otherwise vandalizes or removes any veterans' memorial constructed or established as specified is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment.
- States that every person who defaces with graffiti, damages, or destroys real property which is not his or her own is guilty of vandalism.
- Punishes an act of vandalism based on the amount of defacement, damage or destruction, as follows:
- If the damage caused is $400 or more, then the offense is punishable by imprisonment in the county jail under realignment, or in a county jail not exceeding one year, or by a fine of up to $10,000, or both the fine and imprisonment. However, if the damage is $10,000 or more, the fine imposed can be up to $50,000.
- If the damage caused if less than $400, then the offense is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than $1,000, or by both that fine and imprisonment. However, if the defendant has a prior vandalism or graffiti conviction, then the fine imposed can be up to $5,000.
AS PASSED BY THE ASSEMBLY, this bill:
- Added veterans' memorials to the protected memorials.
- Punished the malicious destruction or defacing of a veteran's memorial as either a misdemeanor with imprisonment in the county jail for less than one year or as a felony with imprisonment in the county jail pursuant to realignment.
- Stated that nothing in this section shall preclude prosecution under any other provision of law.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, ''Veterans, like peace officers and firefighters, are held to a special esteem because of the dangerous and selfless nature of their work protecting our communities, our state, and the nation. Although any act of vandalism to another's property is unacceptable, when vandalism is directed at memorials erected in the memory of veterans, peace officers, or firefighters those crimes are particularly appalling and should not be tolerated. Penal Code Section 621 makes it a crime to maliciously vandalize or tear down any law enforcement memorial or firefighter memorial, however veterans memorials are not included in the statute as written. In order to deter such behavior, and to provide an appropriate level of punishment when such crimes are committed, this bill would add 'veterans memorials' to Penal Code Section 621 and authorize the court to impose additional punishments.''
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003555
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2801
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/12/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote
SOURCE: American G.I. Forum Department of California
DIGEST:
This bill provides a cross-reference to Military and Veterans Code section 1318 related to vandalism of veterans memorials in Penal Code section 621 related to vandalism of law enforcement and firefighter memorials.
Existing law:
- Makes it a crime to maliciously destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. (Pen. Code, § 594.35.)
- Punishes the malicious defacement or destruction of cemetery property as a misdemeanor with imprisonment in the county jail not exceeding one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 594.35.)
- Provides that every person who willfully destroys or vandalizes any municipal monument, work of art, ornamental improvement, or tree or plant, whether on private or public property, is guilty of a misdemeanor. (Pen. Code, § 622.)
- Provides that every person who maliciously destroys or vandalizes any law enforcement or firefighter memorial is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 621.)
- Provides that every person who maliciously destroys, mutilates, or otherwise vandalizes or removes any veterans’ memorial constructed or established as specified is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail. (Mil. & Vet. Code, § 1318.)
This bill adds a cross-reference to Military and Veterans Code section 1318 in Penal Code section 621.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American G.I. Forum Department of California (source)
American Legion - Department of California
AMVETS Department of California
California Association of County Veterans Association
California Police Chiefs Association
California Special Districts Association
California State Commanders Veterans Council
Chief Probation Officers of California
Los Angeles County Professional Peace Officers Association
Military Officers Association of America – California Council of Chapters
Peace Officers Research Association of California
Riverside Sheriffs’ Association
Vietnam Veteran Association
OPPOSITION: (Verified 6/18/18)
None received
ASSEMBLY FLOOR: 74-0, 4/26/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez
6/20/18 15:12:20
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 2801 Hearing Date: June 12, 2018
Author: | Salas | ||
Version: | April 9, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Crimes: Memorials: Veterans and Law Enforcement
HISTORY
Source: American G.I. Forum Department of California
Prior Legislation: SB 1080 (Morrell), 2016, failed Senate Public Safety
AB 2739 (La Malfa), 2006, failed Senate Public Safety
AB 1818 (Conroy), Ch. 135, Stats. 1992
Support: American Legion - Department of California; AMVETS Department of California; California Association of County Veterans Association; California Police Chiefs Association; California Special Districts Association; California State Commanders Veterans Council; Chief Probation Officers of California; Los Angeles County Professional Peace Officers Association; Military Officers Association of America – California Council of Chapters; Peace Officers Research Association of California; Riverside Sheriffs’ Association; Vietnam Veteran Association
Opposition: None known
Assembly Floor Vote: 74 - 0
PURPOSE
The purpose of this bill is to expand the crime of maliciously destroying or defacing law enforcement and firefighter memorials to include veterans’ memorials.
Existing law states that every person who defaces with graffiti, damages, or destroys real property which is not his or her own is guilty of vandalism. (Pen. Code, § 594, subd. (a).)
Existing law punishes an act of vandalism based on the amount of defacement, damage or destruction, as follows:
- If the damage caused is $400 or more, then the offense is punishable by imprisonment in the county jail under realignment, or in a county jail not exceeding one year, or by a fine of up to $10,000, or both the fine and imprisonment. However, if the damage is $10,000 or more, the fine imposed can be up to $50,000.
- If the damage caused if less than $400, then the offense is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than $1,000, or by both that fine and imprisonment. However, if the defendant has a prior vandalism or graffiti conviction, then the fine imposed can be up to $5,000. (Pen. Code, § 594, subd. (b).)
Existing law makes it a crime to maliciously destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. (Pen. Code, § 594.35.)
Existing law punishes the malicious defacement or destruction of cemetery property as a misdemeanor with imprisonment in the county jail not exceeding one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 594.35.)
Existing law provides that every person who willfully destroys or vandalizes any municipal monument, work of art, ornamental improvement, or tree or plant, whether on private or public property, is guilty of a misdemeanor. (Pen. Code, § 622.)
Existing law provides that every person who maliciously destroys, mutilates, or otherwise vandalizes or removes any veterans’ memorial constructed or established as specified is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail. (Mil. & Vet. Code, § 1318.)
Existing law provides that every person who maliciously destroys or vandalizes any law enforcement or firefighter memorial is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 621.)
This bill expands Penal Code section 621 to include veterans’ memorials, but specifies that the amended provision does not preclude prosecution under any other law.
COMMENTS
- Need for This Bill
According to the author of this bill:
The general vandalism statute in California Penal Code Section 594, although quite comprehensive in its application, does not specifically mention memorials of any kind. Elsewhere in the California Penal Code however, the malicious vandalism of memorials for both firefighters and police officers are specifically recognized in their own statute (Penal Code Section 621). Unfortunately for veterans though, memorials erected in their honor are not currently included in that statute as written. This bill seeks to remedy that discrepancy by adding veteran’s memorials to the list of structures explicitly protected under Penal Code Section 621.
- The Effect of this Legislation
Penal Code section 621, which criminalizes the malicious vandalism of memorials for firefighters and police officers, was enacted in 1992 by AB 1818 (Conroy). That bill also enacted Military and Veterans Code section 1318 which criminalizes the malicious vandalism of veterans’ memorials. The language found in Penal Code section 621 is nearly identical to the language in Military and Veterans Code section 1318. Both sections make it a crime to maliciously destroy, cut, break, mutilate, efface, or otherwise injure, tear down, or remove the specified memorials. Both sections punish the offenses either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment.
This bill seeks to include veterans’ memorials in Penal Code section 621 even though Military and Veterans Code section 1318 already criminalizes the malicious vandalism of veterans’ memorials. Thus, it is unclear what effect, if any, this legislation would have on the prosecution of these crimes.
Because both of these statutes were enacted through the same bill, AB 1818 (Conroy), Chapter 135, Statutes of 1992, it is clear that the specificity of these statutes was intentional, not an oversight or discrepancy.
- Argument in Support
According to the American GI Forum Department of California, the sponsor of this bill:
Veterans, law enforcement, and firefighters risk their lives to protect their communities, California, and the nation. Vandalism of their memorials impact the community due to the high regard to which these men and women are held. For example, when the Mexican-American Soldier Memorial in Sacramento was vandalized in 2015, the community was outraged at the vandalism of an iconic memorial to the war efforts of these Mexican-American soldiers for which the memorial was established. The statute was commissioned by a group of Mexican-American mothers whose sons died during World War II. AB 2801 intends to discourage the vandalism of such memorials.
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Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2801
Author:(Salas) – As Amended Ver:April 9, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill expands the crime of maliciously destroying or defacing law enforcement and firefighter memorials to include veterans’ memorials. Specifically, this bill:
- Adds veterans’ memorials to the protected memorials.
- Punishes the malicious destruction or defacing of a veteran’s memorial as either a misdemeanor with imprisonment in the county jail for less than one year or as a felony with imprisonment in the county jail pursuant to realignment.
FISCAL EFFECT:
- Negligible state costs because state law already generally makes it a crime to destroy or deface veterans’ memorials and this crime is generally punishable in county jail. While it is possible that someone convicted of a crime pursuant to this bill could be sentenced to state prison if they have prior convictions making them ineligible to serve a realigned felony in county jail, this scenario seems unlikely. For example, the California Department of Corrections and Rehabilitation (CDCR) reports that during the last three years no offenders have been admitted to CDCR under the existing provisions related to destroying or defacing law enforcement and firefighter memorials.
- Minor and absorbable costs for the Department of Justice to potentially process additional fingerprints and update crime statistics.
- Potential minor non-reimbursable local costs for incarceration, offset to some extent by revenue from fines and fees.
COMMENTS:
- Background. Current law, in the Military and Veterans Code, specifies that destroying or defacing a veterans’ memorial, pursuant to certain requirements, is a crime punishable in county jail. In addition, the Penal Code specifies that destroying or defacing a law enforcement or firefighter memorial is a misdemeanor or a realigned felony punishable with imprisonment in county jail.
- Purpose. This bill expands the Penal Code provisions described above to allow destruction or defacing of a veterans’ memorial to be prosecuted under the Penal Code. According to the author:
Veterans, like peace officers and firefighters, are held to a special esteem because of the dangerous and selfless nature of their work protecting our communities, our state, and the nation. Although any act of vandalism to another’s property is unacceptable, when vandalism is directed at memorials erected in the memory of veterans, peace officers, or firefighters those crimes are particularly appalling and should not be tolerated. Penal Code Section 621 makes it a crime to maliciously vandalize or tear down any law enforcement memorial or firefighter memorial, however veterans memorials are not included in the statute as written. In order to deter such behavior, and to provide an appropriate level of punishment when such crimes are committed, this bill would add “veterans memorials” to Penal Code Section 621 and authorize the court to impose additional punishments.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 3, 2018
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
As Proposed to be Amended in Committee
SUMMARY:
Expands the crime of maliciously destroying or defacing law enforcement and firefighter memorials to include veterans’ memorials. Specifically, this bill:
- Adds veterans’ memorials to the protected memorials.
- Punishes the malicious destruction or defacing of a veteran’s memorial as either a misdemeanor with imprisonment in the county jail for less than one year or as a felony with imprisonment in the county jail pursuant to realignment.
- States that nothing in this section shall preclude prosecution under any other provision of law.
EXISTING LAW:
- Makes it a crime to maliciously destroy, cut, mutilate, deface, or otherwise injure, tear down, or remove any tomb, monument, memorial, or marker in a cemetery. (Pen. Code, § 594.35.)
- Punishes the malicious defacement or destruction of cemetery property as a misdemeanor with imprisonment in the county jail not exceeding one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 594.35.)
- Provides that every person who maliciously destroys or vandalizes any law enforcement or firefighter memorial is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Pen. Code, § 621.)
- Provides that every person who willfully destroys or vandalizes any municipal monument, work of art, ornamental improvement, or tree or plant, whether on private or public property, is guilty of a misdemeanor. (Pen. Code, § 622.)
- Provides that every person who maliciously destroys, mutilates, or otherwise vandalizes or removes any veterans’ memorial constructed or established as specified is guilty of a crime punishable either as a misdemeanor with imprisonment in the county jail for less than one year, or as a felony with imprisonment in the county jail pursuant to realignment. (Mil. & Vet. Code, § 1318.)
- States that every person who defaces with graffiti, damages, or destroys real property which is not his or her own is guilty of vandalism. (Pen. Code, § 594, subd. (a).)
- Punishes an act of vandalism based on the amount of defacement, damage or destruction, as follows:
- If the damage caused is $400 or more, then the offense is punishable by imprisonment in the county jail under realignment, or in a county jail not exceeding one year, or by a fine of up to $10,000, or both the fine and imprisonment. However, if the damage is $10,000 or more, the fine imposed can be up to $50,000.
- If the damage caused if less than $400, then the offense is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than $1,000, or by both that fine and imprisonment. However, if the defendant has a prior vandalism or graffiti conviction, then the fine imposed can be up to $5,000. (Pen. Code, § 594, subd. (b).)
- If the damage caused is $400 or more, then the offense is punishable by imprisonment in the county jail under realignment, or in a county jail not exceeding one year, or by a fine of up to $10,000, or both the fine and imprisonment. However, if the damage is $10,000 or more, the fine imposed can be up to $50,000.
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Veterans, like peace officers and firefighters, are held to a special esteem because of the dangerous and selfless nature of their work protecting our communities, our state, and the nation. Although any act of vandalism to another’s property is unacceptable, when vandalism is directed at memorials erected in the memory of veterans, peace officers, or firefighters those crimes are particularly appalling and should not be tolerated. Penal Code Section 621 makes it a crime to maliciously vandalize or tear down any law enforcement memorial or firefighter memorial, however veterans memorials are not included in the statute as written. In order to deter such behavior, and to provide an appropriate level of punishment when such crimes are committed, this bill would add ‘veterans memorials’ to Penal Code Section 621 and authorize the court to impose additional punishments.”
- Argument in Support: According to the American GI Forum Department of California, “Veterans, law enforcement, and firefighters risk their lives to protect their communities, California, and the nation. Vandalism of their memorials impact the community due to the high regard to which these men and women are held. For example, when the Mexican-American Soldier Memorial in Sacramento was vandalized in 2015, the community was outraged at the vandalism of an iconic memorial to the war efforts of these Mexican-American soldiers for which the memorial was established. The statute was commissioned by a group of Mexican-American mothers whose sons died during World War II. AB 2801 intends to discourage the vandalism of such memorials.”
- Prior Legislation:
- SB 1080 (Morrell), of the 2015-2016 legislative session, would have made it a crime to damage, deface, destroy, mutilate, or remove any veteran’s grave marker or object or structure set to memorialize a veteran. SB 1080 failed passage in the Senate Public Safety Committee.
- AB 2739 (La Malfa) of the 2005-2006 legislative session, would have increased penalties for vandalism to any veterans’ memorial. AB 2739 failed passage in the Senate Public Safety Committee.
- SB 1080 (Morrell), of the 2015-2016 legislative session, would have made it a crime to damage, deface, destroy, mutilate, or remove any veteran’s grave marker or object or structure set to memorialize a veteran. SB 1080 failed passage in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American GI Forum Department of California (Sponsor)
American Legion- Department of California
California State Commanders Veterans Council
California Police Chiefs Association
Chief Probation Officers of California
Los Angeles County Professional Peace Officers Association
Military Officers Association of America- California Council of Chapters
Peace Officers Research Association of California
Vietnam Veterans Association
Opposition
None
Analysis Prepared by:
Bill Author
Bill Co-Author(s):