BILL NUMBER: AB 1859	CHAPTERED  09/30/08

	CHAPTER  659
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 7, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  JUNE 24, 2008
	AMENDED IN SENATE  MAY 21, 2008
	AMENDED IN ASSEMBLY  MARCH 13, 2008

INTRODUCED BY   Assembly Member Adams
   (Principal coauthor: Assembly Member Anderson)
   (Coauthors: Assembly Members Aghazarian, Beall, Benoit, Berryhill,
Brownley, Caballero, Charles Calderon, Carter, Coto, DeVore,
Fuentes, Horton, Houston, Huff, Huffman, Jeffries, Krekorian, Lieu,
Ma, Maze, Mendoza, Mullin, Nakanishi, Plescia, Sharon Runner, Silva,
Smyth, Spitzer, Strickland, and Tran)
   (Coauthors: Senators Calderon and Margett)

                        JANUARY 30, 2008

   An act to add Section 496e to the Penal Code, relating to theft,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1859, Adams. Theft: fire hydrant parts.
   (1) Existing law provides that every person who buys or receives
any property that has been stolen or that has been obtained in any
manner constituting theft or extortion, knowing the property to be so
stolen or obtained, or who conceals, sells, withholds, or aids in
concealing, selling, or withholding any property from the owner,
knowing the property to be so stolen or obtained, shall be punished
by imprisonment in the state prison, or in a county jail for not more
than one year.
   This bill would specifically provide that any person who buys or
receives, for purposes of salvage, any part of a fire hydrant or fire
department connection that has been stolen or obtained in any manner
constituting theft or extortion, knowing the property to be so
stolen or obtained, shall, in addition to any other penalty provided
by law, be subject to a criminal fine of not more than $3,000. By
creating a new crime, this bill would impose a state-mandated local
program.
   (2) 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.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 496e is added to the Penal Code, to read:
   496e.  Any person who buys or receives, for purposes of salvage,
any part of a fire hydrant or fire department connection, including,
but not limited to, bronze or brass fittings and parts, that has been
stolen or obtained in any manner constituting theft or extortion,
knowing the property to be so stolen or obtained, shall, in addition
to any other penalty provided by law, be subject to a criminal fine
of not more than three thousand dollars ($3,000).
  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to discourage the theft of parts of fire hydrants and
fire department connections, so that they are operative and
immediately available to fire personnel to protect life and property
from fires, it is necessary that this act take effect immediately.