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 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, | | | | |Gilmore, Hill, Portantino | | | | | | | | | | | | | ----------------------------------------------------------------- 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 FN: 0005061