Amended in Senate August 4, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2805

Introduced by Assembly Member Olsen

begin delete

(Coauthor: Assembly Member Gray)

end delete begin delete

(Coauthor: Senator Cannella)

end delete begin insert

(Coauthors: Assembly Members Gray, Grove, Lackey, and Mathis)

end insert begin insert

(Coauthors: Senators Berryhill and Cannella)

end insert

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: begin delete prevention program. end delete begin insert working group. end insert

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.

begin delete

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.

end delete begin delete

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.

end delete begin insert

This bill would create the California Agriculture Cargo Theft Prevention Working Group, to be coordinated by the Department of the California Highway Patrol, and to consist of volunteer members from the county offices of the agricultural commissioner, the interested district attorney, the interested sheriff, and the agricultural industry stakeholders of each participating county. The bill would require the working group to address issues, including, but not limited to, agriculture cargo theft, problem solving, and theft control techniques. The bill would allow the working group to develop cargo theft prevention programs, including a system for reporting agriculture cargo theft in a timely manner and a uniform procedure for all participating counties to collect data on agriculture cargo theft.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

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

begin insert

 

Title  begin insert 11.8. end insert   California Agriculture Cargo Theft
Prevention Working Group

 

begin insert 14190. end insert   

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

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

(1) California has experienced an escalation in cargo theft
crimes.

(2) In 2015, agriculture cargo theft of nut products totaled more
than four billion dollars ($4,000,000,000), which is an increase
of more than 85 percent over 2014.

(3) The California Highway Patrol is the statewide coordinator
for combating cargo-related theft.

(4) 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
problem.

(5) The proliferation of agriculture cargo theft in the state is a
threat to the vitality of our economy. Agriculture cargo theft, if
left unchecked, endangers an industry that is 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 an
Agriculture Cargo Theft Prevention Working Group in this title
to provide for coordination and communication between state and
local law enforcement agencies and agricultural industry
stakeholders.

begin insert 14191. end insert   

(a) The California Agriculture Cargo Theft Prevention
Working Group shall be coordinated by the Department of the
California Highway Patrol and may consist of volunteer members
from the county offices of the agricultural commissioner, the
interested district attorney, the interested sheriff, and the
agricultural industry stakeholders of each participating county.
The working group shall address issues, including, but not limited
to, agriculture cargo theft prevention, problem solving, and theft
control techniques.

(b) The California Agriculture Cargo Theft Prevention Working
Group may consult with experts, including, but not limited to, the
Armed Forces of the United States, the Military Department, the
Department of Justice, other law enforcement entities, and other
state and private organizations in order to maximize the
effectiveness of the working group.

(c) The California Agriculture Cargo Theft Prevention Working
Group may develop cargo theft prevention programs, including a
system for reporting agriculture cargo theft in a timely manner
that enables the swift recovery of stolen goods and the
apprehension of those responsible for the thefts.

(d) The California Agriculture Cargo Theft Prevention Working
Group may develop a uniform procedure for all participating
counties to collect, and each participating county may collect,
data on agriculture cargo theft in order to evaluate the results of
the working group’s activities pursuant to this title.

end insert

begin delete

SECTION 1.  

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

 

Title 11.8.  California Agriculture 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.

14191.  

(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.

end delete