BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1338
                                                                  Page  1


          SENATE THIRD READING
          SB 1338 (Harman)
          As Introduced  February 19, 2010
          Majority vote 

           SENATE VOTE  :33-0  
           
           PUBLIC SAFETY       6-0                                         
           
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          |Ayes:|Ammiano, Hagman, Beall,   |     |                          |
          |     |Gilmore, Hill, Portantino |     |                          |
          |     |                          |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  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.  Specifically,  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.

           EXISTING LAW  :

          1)Provides that theft occurs where a person does any of the  
            following:

             a)   Steals, takes, or drives away the personal property of  
               another;  
              
             b)   Fraudulently appropriates property which has been  
               entrusted to him or her;  
              
             c)   Knowingly and designedly, by any false or fraudulent  
               representation or pretense, defrauds another person of   
               money, labor or personal or real property; or,  
              
             d)   Causes or procures others to report falsely of his or  
               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  








                                                                  SB 1338
                                                                  Page  2


               the labor or service of another.    
              
          2)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.  

          3)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.  

          4)Provides that the defendant committed grand theft where he or  
            she took the property of the following specified kinds or  
            value, or under the following circumstances:

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

             b)   Fish, shellfish, mollusks, crustaceans, kelp, algae, or  
               other agricultural products are taken from a commercial or  
               research operation which is producing that product, of a  
               value exceeding $250;

             c)   Money, labor, or real or personal property is taken by a  
               servant, agent, or employee from his or her principal or  
               employer and aggregates $950 or more in any 12 consecutive  
               month period.  The property was taken from the person of  
               another;

             d)   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; or,

             e)   The property taken was a firearm.  

          5)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.  








                                                                  SB 1338
                                                                  Page  3



           FISCAL EFFECT  :  None

           COMMENTS  :  According to 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 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." 

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


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