BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2805|
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THIRD READING
Bill No: AB 2805
Author: Olsen (R), et al.
Amended: 8/16/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for
vote
SUBJECT: Cargo theft: working group
SOURCE: Western Agricultural Processors Association
DIGEST: This bill authorizes and defines a working group to
monitor and prevent agricultural cargo crimes. The working group
would be coordinated by the California Highway Patrol (CHP) and
may include law enforcement, prosecutors, county officials and
agriculture business stakeholders in each participating county.
ANALYSIS:
Existing law:
1)Includes the Motor Carriers Safety Improvement Fund to cover
the costs for the CHP to deter commercial motor vehicle cargo,
as specified. (Pen. Code § 14170.)
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2)Includes the Cargo Theft Interdiction Program to combat the
ever increasing cargo theft problem. (Pen. Code § 14170.)
3)Includes 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 Joint Powers Authority for the
purpose of two or more public agencies, by agreement, to
jointly exercise any power common to the contracting parties.
(Pen. Code, § 14170.)
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
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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.
vi) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
This bill:
1)Authorizes the development of the California Agricultural
Cargo Theft Prevention Working Group, to be coordinated by the
CHP.
2)Provides that the working group may consist of volunteer
members from a participating county agriculture commissioners,
district attorneys, sheriffs and industry stakeholders.
3)Authorizes the working group to consult with a wide range of
public and private experts.
4)Authorizes creation of cargo theft prevention programs,
including a system for timely reporting of thefts, recovery
swift recovery of stolen goods.
5)Authorizes the working group to develop a uniform procedure
for all participating counties to collect data on agricultural
cargo theft crimes and thereby evaluate the effectiveness of
the working group.
6)Makes findings of fact concerning the prevalence of
agricultural cargo theft and the resulting economic harm.
7)States legislative intent to enhance prevention of
agricultural cargo theft.
Background
According to the author:
California has seen an increase in incidents of cargo
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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.
California needs a proactive solution that will aid
local law enforcement officials and protect
businesses. AB 2805 provides a solution to this
ever-growing problem.
As noted in author's statement, cargo theft of all kinds is a
growing problem for a wide range of business, although
agriculture has been hit particularly hard. According to the
Western Agricultural Processors Association (Processors), 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 Processors Association, the
Agricultural Council of California and the Farm Bureau argue
that a proactive, coordinated statewide task force will help
lower the number of thefts. 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.
This bill previously would have created the California
Agriculture Cargo Theft Crime Prevention Program, in which each
participating county would have created a task force of the
district attorney, sheriff, agricultural commissioner, and
interested property owner groups or associations. The recent
amendments recognize that the CHP has primary jurisdiction to
investigate cargo theft and apprehend perpetrators.
FISCAL EFFECT: Appropriation: No Fiscal
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Com.:YesLocal: No
According to the Senate Appropriations Committee:
CHP: Minor and absorbable ongoing costs (Special Fund*) to
coordinate the activities of the working group. The CHP
currently operates the Cargo Theft Interdiction Program (CTIP),
which was created to provide statewide ongoing cargo theft
suppression efforts.
Working group activities: Major future cost pressure (Special
Fund*/General Fund/Federal Funds) to support the authorized
activities of the working group, including but not limited to
the development of agriculture cargo theft prevention programs,
as well as outreach, training, and potential upgrades to the
existing CTIP statewide computerized information system to
enable uniform statewide data reporting by participating
counties.
SUPPORT: (Verified8/11/16)
Western Agricultural Processors Association (source)
Agricultural Council of California
California Farm Bureau Federation
California State Association of Counties
California State Sheriffs' Association
Pacific Merchant Shipping Association
Western Growers Association
OPPOSITION: (Verified 8/11/16)
None received
ASSEMBLY FLOOR: 76-0, 4/28/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,
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Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,
Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen
Prepared by:Jerome McGuire / PUB. S. /
8/16/16 17:38:43
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