BILL ANALYSIS Ó
AB 924
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Date of Hearing: April 30, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 924 (Bigelow) - As Amended: April 25, 2013
SUMMARY : Specifies a fine of up to $5,000 for grand theft
involving livestock and earmarks those funds to the Bureau of
Livestock Identification for the purpose of investigating theft
of livestock. Additionally separates livestock from automobiles
in the grand theft section.
EXISTING LAW :
1)Defines "grand theft" as any theft where the money, labor, or
real or personal property taken or when the property is taken
from the person of another is of a value exceeding $950.
[Penal Code Sections 487(a) and 487(c).]
2)Provides that grand theft is committed when the money, labor,
or real or personal property taken is of a value in excess of
$950, except as specified. [Penal Code Section 487(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The financial
loss from animal theft can impact a family ranching operation
tremendously and can mean the difference in ending up in the
red or in the black on any given year. There has been a 60%
increase in the value of beef cattle over the last few years,
and as a result we have also seen an increase in theft. In
2012, the Bureau of Livestock Identification reported that
1,110 head of cattle were stolen a value of nearly $1 million.
AB 924 would give prosecutors the tools they need to
effectively administer the law and appropriately convict
persons found guilty of livestock theft. "
2)Background : According to the background provided by the
author, "Existing law, particularly with the effects of
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realignment, is not adequate to properly deter livestock theft
and lacks specific provisions for prosecutors to use at their
discretion to enhance penalties. With the implementation of
Realignment, too many offenders including repeat offenders are
being convicted but receive no jail time at all. Instead,
almost all receive probation or nothing at all. The increasing
value of livestock has resulted in an exponential increase in
theft that has caused severe economic damage to the livelihood
of many ranchers throughout California. Livestock theft
negatively impacts a ranchers' bottom line and their ability
to care for their family and business."
3)Specifies of a $5,000 Fine for Grand Theft of Livestock and
Earmarks the Proceeds : This bill seeks to specify a criminal
fine of no more than $5,000 for grand theft of specified
livestock. This up to $5,000 fine is further earmarked to the
Bureau of Livestock Identification for the purpose of
investigating theft of livestock. The specification of this
fine takes funds from any default fine which would have been
imposed on offenders convicted of grand theft of livestock
from the general fund of the State of California.
4)Argument in Support : According to the California Cattlemen's
Association "Simply put, AB 924 provides new and appropriate
penalty enhancements for prosecutors to use at their
discretion to ensure that the proper punishment can be
provided for repeat offenders and those convicted of felony
grand theft of livestock that have caused irreparable economic
damage to livelihoods of our state's family farmers and
ranchers.
"The financial loss from animal theft can impact a family
farming or ranching operation tremendously and can mean the
difference of ending up in the red or black on any given year.
The increasing value of livestock has unfortunately led to an
exponential increase in the rates and severity of livestock
theft. In some recent cases, an entire semitrailer load of
cattle were stolen equating to a nearly $40,000 loss to the
rancher. In many of these cases, those convicted of livestock
grand theft receive little to no punishment even if they have
already been convicted of livestock theft in the past.
"AB 924 also creates a new $5,000 fine that can be imposed on
a convicted offender for the specific purpose of assisting
coordination efforts between the California Department of Food
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and Agriculture's Bureau of Livestock Identification and local
law enforcement to identify potential suspects."
5)Argument in Opposition : According to the California Attorneys
for Criminal Justice , "California Attorneys for Criminal
Justice (CACJ), a statewide association of criminal defense
attorneys, opposes Assembly Bill 924 (Bigelow). This
legislation seeks to deter livestock theft by creating methods
to punish repeat offenders and those found guilty of high
value theft.
"Existing law establishes that theft of certain livestock is
punishable by imprisonment in county jail not to exceed one
year pursuant to 1170(h). This bill would create an additional
fine of $5,000 and continues the option of charging a felony
or misdemeanor for the theft of livestock."
6)Prior Legislation : AB 1705 (Niello), Chapter 420, Statutes of
2007, increased the threshold for takings offenses.
REGISTERED SUPPORT / OPPOSITION :
Support
Agricultural Council of California
California Cattlemen's Association
California Chamber of Commerce
California Farm Bureau Federation
California Grain and Seed Association
California Poultry Federation
Pacific Egg and Poultry Association
Western United Dairyman
Opposition
California Attorneys for Criminal Justice
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
AB 924
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