CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2801Introduced by Assembly Member SalasFebruary 16, 2018 An act to amend Section 594.35 of the Penal Code, relating to memorials. LEGISLATIVE COUNSEL'S DIGESTAB 2801, as introduced, Salas. Crimes: memorials: veterans and law enforcement.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 594.35 of the Penal Code is amended to read:594.35. 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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2801Introduced by Assembly Member SalasFebruary 16, 2018 An act to amend Section 594.35 of the Penal Code, relating to memorials. LEGISLATIVE COUNSEL'S DIGESTAB 2801, as introduced, Salas. Crimes: memorials: veterans and law enforcement.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2801
Introduced by Assembly Member SalasFebruary 16, 2018
Introduced by Assembly Member Salas
February 16, 2018
An act to amend Section 594.35 of the Penal Code, relating to memorials.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2801, as introduced, Salas. Crimes: memorials: veterans and law enforcement.
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.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 594.35 of the Penal Code is amended to read:594.35. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 594.35 of the Penal Code is amended to read:594.35. 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.
SECTION 1. Section 594.35 of the Penal Code is amended to read:
### SECTION 1.
594.35. 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.
594.35. 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.
594.35. 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.
594.35. 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.
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.
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.
### SEC. 2.