Amended  IN  Senate  June 14, 2019
Amended  IN  Assembly  May 01, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1563

Introduced by Assembly Member Santiago Members Santiago and Gonzalez

February 22, 2019

An act to add Chapter 17.4 (commencing with Section 7287) to Division 7 of Title 1 of the Government Code, relating to immigration. Section 529.6 to the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1563, as amended, Santiago. False representation: intent to deceive: undocumented immigrant. Crimes: interference with the census.
Existing law imposes various civil and criminal penalties on persons who falsely represent themselves to be another person under specified circumstances or for specified purposes.

This bill would make it unlawful for any person to falsely represent themselves as, or falsely assume the role of, a census taker with the intent to obtain information from another person, including, but not limited to, information about another person’s immigration status.

This bill would make it a misdemeanor for any person to, among other things, falsely represent themselves as a census taker with the intent to interfere with the operation of the census or with the intent to obtain information or consent to an otherwise unlawful search or seizure. The bill would also prohibit a person in possession of a firearm or a uniformed peace officer, private guard, or security personnel from being stationed or posted at a location where a census taker is conducting the census without written authorization of that census taker, and would prohibit a person from hiring or arranging for a person to perform any of those actions, except as specified. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 529.6 is added to the Penal Code, to read:

529.6.
 (a) (1) This section shall be known, and may be cited, as the Freedom to Count Act.
(2) It is the intent of the Legislature to ensure that all Californians have access to accurate, timely information about the census and that all Californians have the opportunity to participate in the census freely and without fear of fraud, intimidation, or harm.
(b) A person is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, who does any of the following:
(1) Falsely represents that they are a census taker with the intent to interfere with the operation of the census or with the intent to obtain information or consent to an otherwise unlawful search or seizure.
(2) Falsely assumes the role of a census taker with the intent to interfere with the operation of the census or with the intent to obtain information or consent to an otherwise unlawful search or seizure.
(3) Knowingly interferes with the right of another to participate in the census count.
(4) With actual knowledge and intent to interfere with the operation of the census, distributes, or causes to be distributed, including distribution by mail, radio, or television broadcast, telephone call, text message, email, social media, or any other electronic means, including over the internet, literature or any other form of communication containing any of the following:
(A) False or misleading information regarding eligibility to participate in the census count.
(B) False or misleading information stating or implying that it is against the law for anyone to participate in the census count.
(5) Makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation to induce or compel any other person to refrain from participating in the census count.
(6) Hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation to induce or compel any other person to refrain from participating in the census count.
(7) Photographs, video records, or otherwise records another person interacting with a census taker with the intent of dissuading that person from participating in the census count.
(8) With the intent to interfere with the operation of the census or to defraud, denies another person access to the United States Census internet website, or the California Complete Count internet website, or causes another person to reasonably believe that an internet website regarding the census has been posted by a person other than the person who posted the internet website, and would cause a reasonable person, after reading the content on the internet website, to believe the site actually represents the United States Census Bureau or California Complete Count.
(9) Is in possession of a firearm or is a uniformed peace officer, private guard, or security personnel, or is wearing a uniform of a peace officer, private guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a location where a census taker is conducting the census, without written authorization of that census taker, unless that person is one of the following:
(A) The subject of the census taker’s inquiry.
(B) A private guard or security personnel hired or arranged for by the United States Census Bureau.
(C) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property at which the census is being conducted if the guard or security personnel is not hired solely for the day on which the census is being taken.
(10) Hires or arranges for any other person in possession of a firearm or any uniformed peace officer, private guard, or security personnel, or any person who is wearing a uniform of a peace officer, private guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a location where a census taker is conducting the census without written authorization of that census taker. This paragraph does not apply to the owner or manager of the facility or property at which the census taker is conducting the census if the private guard or security personnel is not hired or arranged solely for the day on which the census is taken.

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.
SECTION 1.Chapter 17.4 (commencing with Section 7287) is added to Division 7 of Title 1 of the Government Code, to read:
17.4.False Personation
7287.

It shall be unlawful for any person to falsely represent oneself as, or falsely assume the role of, a census taker with the intent to obtain information from another person, including, but not limited to, information about another person’s immigration status.