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