Amended IN Senate June 14, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2801Introduced by Assembly Member Salas(Coauthor: Assembly Member Gonzalez Fletcher)February 16, 2018 An act to amend Section 621 of the Penal Code, relating to memorials. LEGISLATIVE COUNSEL'S DIGESTAB 2801, as amended, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 621 of the Penal Code is amended to read:621. (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 XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Amended IN Senate June 14, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2801Introduced by Assembly Member Salas(Coauthor: Assembly Member Gonzalez Fletcher)February 16, 2018 An act to amend Section 621 of the Penal Code, relating to memorials. LEGISLATIVE COUNSEL'S DIGESTAB 2801, as amended, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate June 14, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 23, 2018
Amended IN Senate June 14, 2018
Amended IN Assembly April 09, 2018
Amended IN Assembly March 23, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2801
Introduced by Assembly Member Salas(Coauthor: Assembly Member Gonzalez Fletcher)February 16, 2018
Introduced by Assembly Member Salas(Coauthor: Assembly Member Gonzalez Fletcher)
February 16, 2018
An act to amend Section 621 of the Penal Code, relating to memorials.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2801, as amended, 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 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 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 621 of the Penal Code is amended to read:621. (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 XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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 621 of the Penal Code is amended to read:621. (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.
SECTION 1. Section 621 of the Penal Code is amended to read:
### SECTION 1.
621. (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.
621. (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.
621. (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.
621. (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.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.