Amended in Senate August 16, 2016

Amended in Senate August 4, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2805


Introduced by Assembly Member Olsen

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

(Coauthors: Senators Berryhill and 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: working group.

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.

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.

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

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

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(a) It is the intent of the Legislature in enacting
2this act to enhance crime prevention efforts by establishing a
3working group to strengthen the ability of law enforcement
4agencies in California to detect and monitor agriculture cargo
5theft crimes.

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

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(1) California has experienced an escalation in cargo theft
8crimes.

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(2) In 2015, agriculture cargo theft of nut products totaled more
10than four billion dollars ($4,000,000,000), which is an increase
11of more than 85 percent over 2014.

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12
(3) The California Highway Patrol is the statewide coordinator
13for combating cargo-related theft.

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(4) Local law enforcement agencies do not possess the
15jurisdictional authority, investigative facilities, or data systems to
16coordinate a comprehensive approach to the state’s cargo theft
17problem.

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18
(5) The proliferation of agriculture cargo theft in the state is a
19threat to the vitality of our economy. Agriculture cargo theft, if
20left unchecked, endangers an industry that is vital to America’s
21continued economic role in the world, and therefore requires a
22proactive response from the Legislature.

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23
(c) It is further the intent of the Legislature to authorize an
24Agriculture Cargo Theft Prevention Working Group in this act to
25provide for coordination and communication between state and
26local law enforcement agencies and agricultural industry
27stakeholders.

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begin insertSEC. 2.end insert  

Title 11.8 (commencing with Section 14190) is added
30to Part 4 of the Penal Code, to read:

 

P3    1Title 11.8.  California Agriculture Cargo Theft
2Prevention Working Group

3

 

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4

14190.  

(a) It is the intent of the Legislature in enacting this
5title to enhance crime prevention efforts by establishing a working
6group to strengthen the ability of law enforcement agencies in
7California to detect and monitor agriculture cargo theft crimes.

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

9(1) California has experienced an escalation in cargo theft
10crimes.

11(2) In 2015, agriculture cargo theft of nut products totaled more
12than four billion dollars ($4,000,000,000), which is an increase of
13more than 85 percent over 2014.

14(3) The California Highway Patrol is the statewide coordinator
15for combating cargo-related theft.

16(4) Local law enforcement agencies do not possess the
17jurisdictional authority, investigative facilities, or data systems to
18coordinate a comprehensive approach to the state’s cargo theft
19problem.

20(5) The proliferation of agriculture cargo theft in the state is a
21threat to the vitality of our economy. Agriculture cargo theft, if
22left unchecked, endangers an industry that is vital to America’s
23continued economic role in the world, and therefore requires a
24proactive response from the Legislature.

25(c) It is further the intent of the Legislature to authorize an
26Agriculture Cargo Theft Prevention Working Group in this title
27to provide for coordination and communication between state and
28local law enforcement agencies and agricultural industry
29stakeholders.

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begin delete14191.end delete
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begin insert14190.end insert  

(a) The California Agriculture Cargo Theft Prevention
32Working Group shall be coordinated by the Department of the
33California Highway Patrol and may consist of volunteer members
34from the county offices of the agricultural commissioner, the
35interested district attorney, the interested sheriff, and the
36agricultural industry stakeholders of each participating county.
37The working group shall address issues, including, but not limited
38to, agriculture cargo theft prevention, problem solving, and theft
39control techniques.

P4    1(b) The California Agriculture Cargo Theft Prevention Working
2Group may consult with experts, including, but not limited to, the
3Armed Forces of the United States, the Military Department, the
4Department of Justice, other law enforcement entities, and other
5state and private organizations in order to maximize the
6effectiveness of the working group.

7(c) The California Agriculture Cargo Theft Prevention Working
8Group may develop cargo theft prevention programs, including a
9system for reporting agriculture cargo theft in a timely manner
10that enables the swift recovery of stolen goods and the
11apprehension of those responsible for the thefts.

12(d) The California Agriculture Cargo Theft Prevention Working
13Group may develop a uniform procedure for all participating
14counties to collect, and each participating county may collect, data
15on agriculture cargo theft in order to evaluate the results of the
16working group’s activities pursuant to this title.



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