California 2015-2016 Regular Session Status: Enacted

AB 1909 — Falsifying evidence.

Last action — Chaptered by Secretary of State - Chapter 879, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 11, 2016. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law makes it a misdemeanor for a person, or a felony for a peace officer, to knowingly, willfully, intentionally, and wrongfully alter, modify, plant, place, manufacture, conceal, or move any physical matter, digital image, or video recording, with the specific intent that the action will result in a person being charged with a crime. This bill would make it a felony punishable by imprisonment for 16 months or 2 or 3 years for a prosecuting attorney to intentionally and in bad faith alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry. By creating a new 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 879, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 5244.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 6. Noes 0.) (August 11).

  8. In committee: Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 28). Re-referred to Com. on APPR.

  10. Referred to Com. on PUB. S.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 18. Page 5175.)

  13. Read third time and amended. Ordered to third reading. (Page 4944.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 13. Noes 5.) (May 4).

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 12).

  19. In committee: Set, second hearing. Hearing canceled at the request of author.

  20. Re-referred to Com. on PUB. S.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  22. In committee: Set, first hearing. Hearing canceled at the request of author.

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 13.

  25. Read first time. To print.

Sponsors

  • Lopez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Lopez

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1909 Lopez By Leno

Passed 36 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33102
Democratic 3000
Total 36102
% of votes cast 92%3%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Lara — Yea
Moorlach — Nay
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Fuller — Not Voting
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Beall — Yea
Block — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Hertzberg — Not Voting
Hueso — Yea
Huff — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Not Voting
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 1909 LOPEZ Assembly Third Reading

Passed 60 Yea · 18 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 531502
Democratic 5000
Republican 2300
Total 601802
% of votes cast 75%23%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Low — Yea
Maienschein — Yea
Mathis — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Wilk — Nay
Eggman — Yea
Cooper — Yea
Daly — Yea
Harper — Nay
Linder — Not Voting
Mayes — Nay
Obernolte — Nay
Wagner — Nay
Burke — Yea
Campos — Yea
Salas — Yea
Chang — Yea
Bonilla — Yea
Frazier — Yea
Gatto — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Hadley — Yea
Holden — Yea
Jones-Sawyer — Yea
Chau — Yea
Atkins — Yea
Levine — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gomez — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11302
Democratic 2000
Republican 0200
Total 13502
% of votes cast 65%25%0%10%
How each member voted (20)
Member Party Vote
Bloom — Yea
Quirk — Not Voting
Weber — Yea
Eggman — Yea
Chang — Not Voting
Bonilla — Yea
Holden — Yea
Bigelow — Nay
Daly — Yea
McCarty — Yea
Obernolte — Nay
Santiago — Yea
Wagner — Nay
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1909 do?
Existing law makes it a misdemeanor for a person, or a felony for a peace officer, to knowingly, willfully, intentionally, and wrongfully alter, modify, plant, place, manufacture, conceal, or move any physical matter, digital image, or video recording, with the specific intent that the action will result in a person being charged with a crime. This bill would make it a felony punishable by imprisonment for 16 months or 2 or 3 years for a prosecuting attorney to intentionally and in bad faith alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry. By creating a new 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.
Who sponsors AB 1909?
AB 1909 is sponsored by Lopez.
What is the current status of AB 1909?
This bill has been enacted into law. Introduced February 11, 2016. Enacted.
Where can I track AB 1909?
Track AB 1909 free on One Click Politics — get push/email alerts when it moves.

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