Bill Text: CA SB1080 | 2015-2016 | Regular Session | Introduced

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Bill Title: Memorials.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-11-30 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1080 Detail]

Download: California-2015-SB1080-Introduced.html

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BILL NUMBER: SB 1080	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Morrell and Berryhill

                        FEBRUARY 17, 2016

   An act to add Section 594.38 to the Penal Code, relating to
memorials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1080, as introduced, Morrell. 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 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 a it a crime to receive a grave marker or
other structure designed to commemorate the grave a veteran, peace
officer, firefighter, or other first responder that the person knows,
or reasonably should know, is stolen. The bill would also
specifically make it a crime to damage, deface, destroy, mutilate, or
remove, among other things, an American flag or veteran's grave
marker from the grave of a veteran, peace officer, firefighter, or
other first responder. The bill would also make it a crime to damage,
deface, destroy, mutilate, or remove any object or structure set to
memorialize a veteran, peace officer, firefighter, or other first
responder.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 594.38 is added to the Penal Code, to read:
   594.38.  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:
   (a) Receives, retains, or disposes of a grave marker or other
structure designed to commemorate the grave of a veteran, peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, firefighter, as defined in
Section 3251 of the Government Code, or other first responder, 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' services group, a veteran's agent of a town or
court, or to a person who disposes of veterans' grave marker or other
structures or things in a like manner.
   (b) Damages, defaces, destroys, mutilates, or removes an American
flag, veteran's grave marker, metal plaque, veteran's commemorative
flag holder, or commemorative flag holder representing service in
both the police and fire department, from the grave of a veteran,
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, firefighter, as defined
in Section 3251 of the Government code, or other first responder.
   (c) Damages, defaces, destroys, mutilates, or removes any object
or structure set to memorialize a veteran, peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, firefighter, as defined in Section 3251 of the
Government Code, or other first responder.
  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.