BILL ANALYSIS Ó
AB 2805
Page 1
Date of Hearing: April 19, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2805 (Olsen) - As Amended March 17, 2016
SUMMARY: Allows specified counties to enter into an agreement
to form the California Agriculture Cargo Theft Crime Prevention
Program , which would be administered by the county sheriff's
department of each participating county under a joint powers
agreement (JPA). Specifically, this bill:
1)Permits 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 to enter into an agreement to form the California
Agriculture Cargo Theft Crime Prevention Program.
2)Requires the California Agriculture Cargo Theft Crime
Prevention Program to be jointly administered by the county
sheriff's department of each participating county under a
joint powers agreement.
3)Requires the parties to the agreement to form a task force
known as the California Agriculture Cargo Theft Crime
Prevention Task Force.
AB 2805
Page 2
4)Requires 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.
5)Permits the task force to operate from a joint facility in
order to facilitate investigative coordination.
6)Allows the task force to develop a uniform procedure for all
participating counties to collect data on agricultural cargo
theft crimes.
EXISTING LAW:
1)Creates the Motor Carriers Safety Improvement Fund to cover
the costs for the Department of the California Highway Patrol
to deter commercial motor vehicle cargo, as specified. (Pen.
Code, § 14170.)
2)Creates the Cargo Theft Interdiction Program to combat the
ever increasing cargo theft problem. (Pen. Code, § 14170.)
3)Creates the Rural Crime Prevention Program to enhance crime
prevention efforts by establishing programs to strengthen law
enforcement agencies in rural areas to detect and monitor
agricultural and rural based crimes. (Pen. Code, § 14170.)
4)Allows for the formation of a JPA for the purpose of two or
more public agencies, by agreement, to jointly exercise any
power common to the contracting parties. (Pen. Code, §
14170.)
AB 2805
Page 3
5)Provides that grand theft is theft committed in any of the
following cases: (Pen. Code, § 487, subd. (h).)
a) When the money, labor, or real or personal property
taken is of a value exceeding nine hundred fifty dollars
($950).
b) Grand theft is committed in any of the following cases:
i) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts,
artichokes, or other farm crops are taken of a value
exceeding two hundred fifty dollars ($250).
ii) For the purposes of establishing that the value of
domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops under this paragraph exceeds two hundred
fifty dollars ($250), that value may be shown by the
presentation of credible evidence which establishes that
on the day of the theft domestic fowls, avocados, olives,
citrus or deciduous fruits, other fruits, vegetables,
nuts, artichokes, or other farm crops of the same variety
and weight exceeded two hundred fifty dollars ($250) in
wholesale value.
iii) When fish, shellfish, mollusks, crustaceans, kelp,
algae, or other aquacultural products are taken from a
commercial or research operation which is producing that
product, of a value exceeding two hundred fifty dollars
($250).
iv) Where the money, labor, or real or personal property
is taken by a servant, agent, or employee from his or her
principal or employer and aggregates nine hundred fifty
dollars ($950) or more in any 12 consecutive month
period.
v) When the property is taken from the person of
another.
AB 2805
Page 4
vi) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
FISCAL EFFECT:
COMMENTS: Unknown
1)Author's Statement: According to the author, "California has
seen an increase in incidents of cargo theft in recent years.
According to CargoNet, California experienced 158 cargo theft
incidents in 2015, costing businesses over $18.7 million -
more than any other state. These massive losses are spread
across all sectors of our economy including agriculture,
retail, and technology. Organized crime has been responsible
for many of these thefts, and the scope of crime suggests
international actors are at play. However, local law
enforcement agencies have been unable to adequately respond
due to a lack of resources and the inability to coordinate
statewide. By bringing together law enforcement and business,
this bill will protect the integrity of our economy and
prevent future cargo thefts."
2)Cargo Theft: California has seen an increase in incidents of
agricultural cargo theft in recent years. According to
CargoNet, California experienced 158 cargo theft incidents in
2015, costing businesses over $18.7 million. Between 2012 and
2015 food and beverage cargos accounted for roughly 28% of
cargo theft in California. These losses are spread across all
sectors of our economy including agriculture, retail, and
technology.
AB 2805
Page 5
Organized crime has been responsible for many of these thefts,
and law enforcement officials believe organized criminal
enterprises might be diverting some of the nut cargo to the
export market. However, local law enforcement agencies have
been unable to adequately respond due to a lack of resources
and the inability to coordinate statewide. According to the
author, California needs a proactive solution that will aid
law enforcement, protect businesses, and deter future theft.
According to supporters, the tree nut industry has reported 30
separate incidents of cargo theft in the last six months.
Millions of dollars in almonds, walnuts, cashews and
pistachios have been stolen via thieves, posing as legitimate
truck drivers, creating fraudulent paperwork and picking up
cargo. The industry has responded by fingerprinting truckers
who come in to pick up loads and sometimes photographing big
rig drivers. Processors also are checking truck vehicle
identification numbers and calling to verify information.
Others are adopting high-tech solutions, such as
radio-frequency identification tags to track cargo loads.
Supporters say a proactive statewide task force on cargo theft
will help lower the number of thefts.
To address this issue, AB 2805 will create the California
Agriculture Cargo Theft Crime Prevention. Participating
counties will create a task force comprising of members from
each county office of the district attorney, sheriff,
agricultural commissioner, and interested property owner
groups or associations. The task force will be modeled after
the Rural Crime Prevention Task Force. At this time there is
no proposed funding for AB 2805.
AB 2805
Page 6
3)Argument in Support: According to the Pacific Merchant
Shipping Association, "AB 2805 provides for a comprehensive,
cross jurisdictional approach to addressing the problem of
cargo theft of agricultural commodities, many of which are
destined for export from California's public ports. Because
of the nature of cargo moving throughout the state, this bill
addresses some of the impediments facing law enforcement by
providing for better coordination and cooperation between
various jurisdictions."
REGISTERED SUPPORT / OPPOSITION:
Support
Agricultural Council of California
California Farm Bureau Federation
California State Sheriffs' Association
Pacific Merchant Shipping Association
Western Agricultural Processors
Opposition
None
AB 2805
Page 7
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744