BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1338|
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UNFINISHED BUSINESS
Bill No: SB 1338
Author: Harman (R)
Amended: 8/12/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE FLOOR : 33-0, 4/26/10
AYES: Aanestad, Alquist, Ashburn, Calderon, Cogdill,
Corbett, Cox, Denham, DeSaulnier, Ducheny, Dutton,
Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu,
Lowenthal, Maldonado, Negrete McLeod, Padilla, Pavley,
Price, Romero, Runner, Simitian, Steinberg, Strickland,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Cedillo, Correa, Florez, Oropeza,
Walters, Wiggins, Vacancy
ASSEMBLY FLOOR : 74-0, 8/16/10 - See last page for vote
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
CONTINUED
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on the day of the theft, just as the value of citrus fruits
and avocados are determined under existing law.
Assembly Amendments add double-jointing language.
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.
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,
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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.
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.
This bill is double-jointed with AB 2372 (Ammiano) to
prevent chaptering issues.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/10)
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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
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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, De La Torre, De Leon, DeVore, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada
NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon,
Davis, John A. Perez, Vacancy
RJG:mw 8/17/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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