BILL ANALYSIS SB 1034 Page 1 Date of Hearing: August 4, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1034 (Ducheny) - As Amended: August 2, 2010 Policy Committee: Public SafetyVote:6-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill: 1)Increases the misdemeanor penalty for knowingly and willfully excavating, removing, destroying, or defacing any historic or prehistoric ruins, burial grounds, archaeological or paleontological site situated on public lands from a fine of up to $1,000 and/or up to six months in county jail, to a fine of up to $10,000 and/or up to one year in county jail. 2)Requires the court to order restitution, unless the court finds compelling reasons not to do so, to the state agency with primary jurisdiction over the public lands where the violation occurred. The restitution amount shall be based on the commercial and archaeological value of the property and the cost of restoration and repair of archaeological resources damaged as a result of the violation. 3)Specifies the following property is subject to forfeiture after conviction for damaging an archaeological site: a) The archaeological resource that was the subject of the violation, if in the possession of the person. b) The vehicle used in connection with the violation if it was specifically designed to assist in the commission of the crime. The vehicle will be released if the legal owner of the vehicle is not the person convicted, or if another has a community property interest in the vehicle and there is no other vehicle available to that other party. SB 1034 Page 2 c) Equipment used in the violation. FISCAL EFFECT 1)Negligible state costs. 2)Minor, if any, nonreimbursable increase in local incarceration costs, offset by increased fine revenue. 3)Potential, unknown state revenue from restitution orders that presumably would be dedicated to repairing/restoring the damages leading to the restitution order. COMMENTS Rationale . Proponents hope increased penalties and an explicit restitution scheme specifically for archaeological damage will serve as a deterrent to those who would damage historical sites. According to the author, "Current state law does not adequately protect our archaeological resources and provide for adequate restitution when those resources are damaged. The federal Archaeological Resources Protection Act is far more stringent and does a better job of protecting irreplaceable artifacts. Currently, state law contains penalties that are far lower and impart minimal financial burden upon criminals caught damaging archaeological resources on state lands. In addition, state law does not contain provisions for the determination of archaeological value and the cost of restoration. By adopting stricter penalties and aligning state and federal laws, the state will improve its ability to deter illegal excavations, enforce stricter penalties for these illegal activities and ensure that California continues to be a responsible steward of these precious resources." Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081