Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2805

Introduced by Assembly Member Olsen

(Coauthor: Assembly Member Gray)

(Coauthor: Senator Cannella)

February 19, 2016

An act to add Title 11.8 (commencing with Section 14190) to Part 4 of the Penal Code, relating to cargo theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 2805, as amended, Olsen. Cargo theft: prevention program.

Existing law establishes the Motor Carriers Safety Improvement Fund and provides that the fund is available for appropriation by the Legislature to cover the costs for the Department of the California Highway Patrol to deter commercial motor vehicle cargo thefts and provide security of highway carriers and cargoes throughout the state.

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This bill would permit specified counties to enter into an agreement to form the California Agriculture Cargo Theft Crime Prevention Program, which the bill would require to be jointly administered by the county sheriff’s department of each participating county under a joint powers agreement.

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The bill would require the parties to the agreement to form a task force known as the California Agriculture Cargo Theft Crime Prevention Task Force. The bill would require the task force to be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The bill would permit the task force to operate from a joint facility in order to facilitate investigative coordination. The bill would allow the task force to develop a uniform procedure for all participating counties to collect data on agricultural cargo theft crimes.

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This bill would state the intent of the Legislature to enhance crime prevention efforts by establishing a pilot program to strengthen the ability of law enforcement agencies in California to detect and monitor cargo theft crimes, and to authorize a cargo theft crime prevention program that provides for the protection and safety of California businesses and citizens by creating statewide standards and methods of detecting and tracking cargo theft crime.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Title 11.8 (commencing with Section 14190) is
added to Part 4 of the Penal Code, to read:

 

Title 11.8.  begin insert California Agriculture end insert Cargo Theft
Crime Prevention Program

 

14190.  

(a) It is the intent of the Legislature in enacting this
title to enhance crime prevention efforts by establishing a pilot
program to strengthen the ability of law enforcement agencies in
California to detect and monitor cargo theft crimes.

(b) The Legislature finds and declares all of the following:

(1) California has experienced an escalation in cargo theft crimes
and there has been no concentrated effort applied to the prevention
of cargo theft crimes.

(2) According to media reports, the state loses five million
dollars ($5,000,000) to six million dollars ($6,000,000) per day in
cargo theft. These crimes impact all sectors of California’s
economy, including agriculture, retail, and technology.

(3) Local law enforcement agencies do not possess the
jurisdictional authority, investigative facilities, or data systems to
coordinate a comprehensive approach to the state’s cargo theft
crime problem.

(4) The proliferation of cargo theft crimes in the state is a threat
to the vitality of our economy. Cargo theft crime, if left unchecked,
endangers multiple industries that are vital to America’s continued
economic role in the world, and therefore requires a proactive
response from the Legislature.

(c) It is further the intent of the Legislature to authorize a cargo
theft crime prevention program in this title that provides for the
protection and safety of California businesses and citizens by
creating statewide standards and methods of detecting and tracking
cargo theft crime.

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begin insert 14191. end insert   

(a) All or any of the counties of Butte, Colusa, Fresno,
Glenn, Kern, Kings, Los Angeles, Madera, Merced, Sacramento,
San Benito, San Joaquin, Stanislaus, Sutter, Tehama, Tulare, Yolo,
and Yuba, may enter into an agreement to form the California
Agriculture Cargo Theft Crime Prevention Program, which shall
be jointly administered by the county sheriff’s department of each
participating county under a joint powers agreement entered into
pursuant to Chapter 5 (commencing with Section 6500) of Division
7 of Title 1 of the Government Code.

(b) The parties to the agreement shall form a task force, known
as the California Agriculture Cargo Theft Crime Prevention Task
Force, that may include the respective county offices of the
agricultural commissioner, the district attorney, and the sheriff of
each respective member county, and interested property owner
groups or associations. The task force shall be an interactive team
working together to develop crime prevention, problem solving,
and crime control techniques, to encourage timely reporting of
crimes, and to evaluate the results of these activities. The task
force may operate from a joint facility in order to facilitate
investigative coordination. The task force may also consult with
experts from the United States military, the Military Department,
the Department of Justice, other law enforcement entities, and
various other state and private organizations as deemed necessary
to maximize the effectiveness of the program. Media and community
support may be solicited to promote the program. Each of the
participating counties shall adopt rules and regulations for the
implementation and administration of the program.

(c) The California Agriculture Cargo Theft Crime Prevention
Program may develop cargo theft crime prevention programs
containing a system for reporting cargo theft crimes that enable
the swift recovery of stolen goods and the apprehension of criminal
suspects for prosecution. The task force may develop computer
software and use communication technology to implement the
reporting system, although the task force is not limited to the use
of these means to achieve the stated goals.

(d) The California Agriculture Cargo Theft Crime Prevention
Task Force may develop a uniform procedure for all participating
counties to collect, and each participating county may collect,
data on agricultural cargo theft crimes. The task force may also
establish a central database for the collection and maintenance
of data on agricultural cargo theft crimes and designate one
participating county to maintain the database.

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