AB 491 — Vandalism: political signs.
Last action — From Senate committee without further action.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law establishes various offenses for vandalizing property, including for the vandalism of polling place materials at an election. This bill would prohibit a person from knowingly destroying, marking, tearing down, or otherwise defacing a sign supporting or opposing a candidate for elective office or a ballot measure without authorization from the campaign responsible for the production or creation of the sign. The bill would make a person who violates this provision subject to an additional fine not to exceed $1,000. The bill would provide that the imposition of this fine does not relieve a person of specified duties relating to court ordered graffiti cleanup or repair or replacement of damaged property. 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.
Bill Text
- Amended 05/04/09 - Amended Assembly Current pdf May 04, 2009
- Amended 04/14/09 - Amended Assembly pdf April 14, 2009
- Amended 04/13/09 - Amended Assembly pdf April 13, 2009
- Introduced 02/24/09 - Introduced pdf February 24, 2009
- AB491 View text html
Action History
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From Senate committee without further action.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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In committee: Hearing postponed by committee.
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In committee: Hearing postponed by committee.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 70. Noes 0. Page 1443.)
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Read second time. To third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (April 29).
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (April 21).
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Re-referred to Com. on E. & R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
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Re-referred to Com. on E. & R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
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Referred to Com. on E. & R.
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From printer. May be heard in committee March 27.
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Read first time. To print.
Sponsors
- Garrick · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Garrick
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 74 | 0 | 0 | 10 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 82 | 0 | 0 | 10 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Hall | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Bill | — | Yea |
| Berryhill | — | Yea |
| Tom | — | Yea |
| Berryhill | — | Yea |
| Charles | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Cook | — | Yea |
| Coto | — | Yea |
| Duvall | — | Yea |
| Yamada | — | Yea |
| Fletcher | — | Yea |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Audra | — | Yea |
| Gaines | — | Not Voting |
| Salas | — | Not Voting |
| Saldana | — | Not Voting |
| Eng | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Not Voting |
| Bass | — | Yea |
| Fuller | — | Yea |
| Furutani | — | Yea |
| Garrick | — | Yea |
| Gilmore | — | Yea |
| Harkey | — | Not Voting |
| Hayashi | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Jeffries | — | Not Voting |
| Knight | — | Not Voting |
| Lieu | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nava | — | Not Voting |
| Nestande | — | Yea |
| Price | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Villines | — | Yea |
| Adams | — | Yea |
| Ammiano | — | Not Voting |
| Anderson | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Ma | — | Yea |
| Miller | — | Yea |
| Nielsen | — | Yea |
| Smyth | — | Not Voting |
| Torlakson | — | Yea |
| Tran | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| Davis | — | Yea |
| DeVore | — | Yea |
| Galgiani | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Harkey | — | Yea |
| Krekorian | — | Yea |
| Charles | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Yea |
| Duvall | — | Yea |
| Miller | — | Yea |
| Ammiano | — | Yea |
| Monning | — | Yea |
| Price | — | Yea |
| Skinner | — | Yea |
| Torlakson | — | Yea |
| Nielsen | — | Yea |
| Solorio | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 1 | 0 | 0 |
| % of votes cast | 88% | 13% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Bill | — | Yea |
| Berryhill | — | Yea |
| Saldana | — | Nay |
| Coto | — | Yea |
| Mendoza | — | Yea |
| Adams | — | Yea |
| Swanson | — | Yea |
| Fong, Mike | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 491 do?
- Existing law establishes various offenses for vandalizing property, including for the vandalism of polling place materials at an election. This bill would prohibit a person from knowingly destroying, marking, tearing down, or otherwise defacing a sign supporting or opposing a candidate for elective office or a ballot measure without authorization from the campaign responsible for the production or creation of the sign. The bill would make a person who violates this provision subject to an additional fine not to exceed $1,000. The bill would provide that the imposition of this fine does not relieve a person of specified duties relating to court ordered graffiti cleanup or repair or replacement of damaged property. 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.
- Who sponsors AB 491?
- AB 491 is sponsored by Garrick.
- What is the current status of AB 491?
- This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 491?
- Track AB 491 free on One Click Politics — get push/email alerts when it moves.
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