BILL ANALYSIS Ó
AB 1782
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CONCURRENCE IN SENATE AMENDMENTS
AB 1782 (Chesbro)
As Amended June 19, 2014
Majority vote
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|ASSEMBLY: |76-0 |(May 19, 2014) |SENATE: |35-0 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the fine for maliciously disconnecting a
telephone, cable, or other specified electrical line from a
maximum of $500, to a maximum of $10,000 for a felony
conviction, and a maximum of $1,000 for a misdemeanor
conviction.
The Senate amendments create a proportionate distinction between
the fines which may be imposed upon the conviction of a
misdemeanor, and the fine that may be imposed upon conviction of
a felony.
EXISTING LAW :
1)Provides that a person who unlawfully and maliciously takes
down, removes, injures, or obstructs any line of telegraph,
telephone, or cable television, or any other line used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, or severs any wire thereof, or
makes any unauthorized connection with any line, other than a
telegraph, telephone, or cable television line, used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, is punishable by imprisonment
of 16 months, two or three years in the county jail, or by a
fine not exceeding $500, or imprisonment in the county jail
not exceeding one year.
2)A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless
communication device with the intent to prevent the use of the
device to summon assistance or notify law enforcement or any
public safety agency of a crime is guilty of a misdemeanor.
AS PASSED BY THE ASSEMBLY , this bill:
AB 1782
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1)Modified the language of the Penal Code to include
disconnecting or cutting a specified electrical line.
2)Included disruption of any backup deep cycle battery or other
connected power supply in the conduct that can constitute an
offense of malicious disconnection.
3)Increased the fine for maliciously disconnecting a telephone,
cable or other specified electrical line from $500 to $10,000.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Author's Statement: "In Humboldt County, Suddenlink
Communications has been the victim of multiple intentional
fiber cutting attacks resulting in the loss of services
including cable, Internet, and cell phone service to over
10,000 customers on several occurrences. In other incidents
throughout California, cable nodes have been vandalized and
cable amplifiers and emergency backup batteries have been
stolen, resulting in the loss of communications services,
including the ability to make emergency 911 calls, for
thousands of residential and business customers.
"Dependable communication services are critical for public
safety, national security and California's economic growth and
sustainability. Current law limits the penalty to $500 or up
to one year in county jail which has not served as a deterrent
to this type of crime. AB 1782 would increase the criminal
fine for "unlawfully and maliciously" disconnecting and
obstructing communication infrastructure or electric lines.
Judges would continue to have the option of sentencing an
offender to county jail for up to one year."
2)Technical Cleanup: The technical amendments in the mockup
clarify that the provisions of the law apply not only to the
disruption of "lines" themselves but also to any supporting
appurtenances associated with cable and telephone lines, such
as deep cycle batteries or amplifiers, that render lines
operational.
AB 1782
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3)Considerations Regarding the Fine: This bill increases a fine
from a maximum $500 to a maximum amount of $10,000.
Setting the penalty, or range of penalties, for a crime is an
inherently legislative function. The Legislature does have
the power to require a minimum term or other specific
sentence. (Keeler v. Superior Court (1970) 2 Cal.3d 619,
631.) Sentencing, however, is solely a judicial power.
(People v. Tenorio (1970) 3 Cal.3d 89, 90-93; People v.
Superior Court (Fellman) (1976) 59 Cal.App.3d 270, 275.)
California law effectively directs judges to impose an
individualized sentence that fits the crime and the
defendant's background, attitude, and record. (California
Rules of Court, Rules 4.401-4.425.) This bill limits judicial
discretion and requires a minimum fine of $500 to be imposed
in each case, regardless of the facts of the case and the
defendant's record.
Also, there are penalty assessments and fees assessed on the
base fine for a crime. Assuming a defendant was fined $10,000
as the maximum fine, the following penalty assessments would
be imposed pursuant to the Penal Code and the California
Government Code:
Base Fine: $ 10,000
Penal Code 1464 assessment: $ 10,000 ($10 for
every $10)
Penal Code 1465.7 surcharge: $2,000 (20%
surcharge)
Penal Code 1465.8 assessment: $40 ($40 fee per
offense)
Government Code 70372 assessment:$5,000 ($5 for every $10)
Government Code 70373 assessment:$30 ($30 for felony or
misdemeanor)
Government Code 76000 assessment:$7,000 ($7 for every $10)
Government Code 76000.5 assessment:$2,000 ($2 for every $10)
Government Code 76104.6 assessment:$1,000 ($1 for every $10)
Government Code 76104.7 assessment$4,000 ($4 for every $10)
Total Fine with Assessments: $41,070
Please see the policy committee analysis for a full discussion
of this bill.
AB 1782
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004381