BILL NUMBER: SB 288	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McGuire
   (Coauthor: Assembly Member Wood)

                        FEBRUARY 23, 2015

   An act to add Section 490.8 to the Penal Code, relating to
larceny.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, as introduced, McGuire. Theft of redwood burls.
   Existing law provides that grand theft is theft when the money,
labor, or real or personal property taken is of a value exceeding
$950 and is punishable as either a misdemeanor or a felony.
   This bill would make it a felony, punishable by imprisonment in
county jail, a fine of up to $10,000, or both the fine and
imprisonment to steal, take or carry away without the consent of the
owner the burl of a redwood tree from the property of another. By
creating a new crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 490.8 is added to the Penal Code, to read:
   490.8.  A person who steals, takes or carries away without consent
of the owner the burl of a redwood tree from the property of another
is guilty of a felony, punishable by imprisonment pursuant to
subdivision (h) of Section 1170, or a fine of up to ten thousand
dollars ($10,000), or both that fine and imprisonment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.