BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1338|
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                                 THIRD READING


          Bill No:  SB 1338
          Author:   Harman (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright


           SUBJECT  :    Grand theft of agricultural products:  method  
          of determining 
                      value

           SOURCE :     Tulare County District Attorney


           DIGEST  :    This bill provides that in a grand theft  
          prosecution, the value of specified agricultural products  
          shall be determined as the wholesale value of the products  
          on the day of the theft, just as the value of citrus fruits  
          and avocados are determined under existing law.

           ANALYSIS  :    Existing law provides that theft occurs where  
          a person does any of the following:

          1. Steals, takes ? or drives away the personal property of  
             another.

          2. Fraudulently appropriates property which has been  
             entrusted to him/her.

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          3. Knowingly and designedly, by any false or fraudulent  
             representation or pretense, defrauds another person of  
             money, labor or personal or real property.

          4. Causes or procures others to report falsely of his/her  
             wealth or mercantile character and by thus imposing upon  
             any person, obtains credit and thereby fraudulently gets  
             or obtains possession of money, or property or obtains  
             the labor or service of another.  (Section 484 of the  
             Penal Code [PEN])

          Existing law (PEN Section 487) generally provides that  
          theft is a misdemeanor where the value of the property,  
          labor or services involved in the theft does not exceed  
          $400.  Theft is grand theft - an alternate  
          felony-misdemeanor - where the value of the property,  
          labor, or services involved in the theft exceeds $400. 

          Existing law provides that the defendant committed grand  
          theft where he/she took the property of the following  
          specified kinds or value, or under the following  
          circumstances:

          1. Domestic fowls, avocados, olives, citrus or deciduous  
             fruits, other fruits, vegetables, nuts, artichokes, or  
             other farm crops are taken of a value exceeding $250.

          2. Fish, shellfish, mollusks, crustaceans, kelp, algae, or  
             other aquacultural products are taken from a commercial  
             or research operation which is producing that product,  
             of a value exceeding $250.

          3. Money, labor, or real or personal property is taken by a  
             servant, agent, or employee from his/her principal or  
             employer and aggregates $950 or more in any consecutive  
             12-month period.

          4. The property was taken from the person of another.

          5. The property taken was any of the following:  an  
             automobile, horse, mare, gelding, any bovine animal, any  
             caprine animal, mule, jack, jenny, sheep, lamb, hog,  
             sow, boar, gilt, barrow, or pig.  








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          6. The property taken was a firearm.  (PEN Section 487)

          Existing law provides that the value of stolen property in  
          a grand theft prosecution is generally determined by the  
          "reasonable and fair market value" of the property at the  
          time and place of the theft.  (2 Witkin & Epstein, Cal.  
          Crim. Law [3d Ed.2000] Crimes against Prop. Section 8.)  

          Existing law specifically provides the following as to  
          determining the value of avocados or citrus fruits:  The  
          value [of these products] may be shown by the ? evidence  
          which establishes that on the day of the theft avocados or  
          citrus fruit of the same variety and weight exceeded $250  
          in wholesale value.

          This bill provides that the value of other agricultural  
          products - domestic fowls, avocados, olives, citrus or  
          deciduous fruits, other fruits, vegetables, nuts,  
          artichokes, or other farm crops - shall also be determined  
          as the wholesale value of the products on the day of the  
          theft.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/20/10)

          Tulare County District Attorney (source)
          California Chamber of Commerce
          California Peace Officers' Association
          California Police Chiefs Association


           ARGUMENTS IN SUPPORT  :    As stated by the author:

            "SB 1338 will provide consistency to Penal Code section  
            487 in regards to theft of agricultural commodities. The  
            measure is sponsored by the Tulare County District  
            Attorney's Office

            "Previously, the section referred only to avocados or  
            citrus fruit and there was ambiguity as to whether the  
            section applied to other types of stolen agricultural  
            products, making it difficult to award restitution to the  







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            victim in those cases.

            "SB 1338 will assure that victims receive fair  
            restitution by guaranteeing that the method used to  
            determine the value of their stolen property is clearly  
            stated and applicable to all varieties of crops."


          RJG:mw  4/21/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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