Falsifying evidence.

Existing law makes it a misdemeanor for a person to willfully destroy or conceal any book, paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in evidence in a trial, inquiry, or investigation. This bill would expand that prohibition to include a digital image, or a video recording that is owned by another, and to prohibit erasure of those books, papers, records, instruments in writing, digital images, video recordings that are owned by others, or their content. Existing law makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the action will result in a person being charged with a crime. This bill would clarify that the conduct constituting the offense is done wrongfully in order to have a person charged with a crime. Existing law also makes it a misdemeanor for a person to, or a felony for a peace officer to, knowingly, willfully, and intentionally alter, modify, plant, place, manufacture, conceal, or move any physical matter, with the specific intent that the physical matter will be wrongfully produced as genuine or true at trial or any other specified proceedings. This bill would expand that prohibition to include any digital image or video recording. The bill would recast the requisite specific intent for the offense committed by a peace officer by requiring that the physical matter, digital image, or video recording be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry. By expanding the definition of crimes, the 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.