Amended in Senate April 22, 2015

Senate Bill No. 288

Introduced by Senator McGuire

(Coauthor: Assembly Member Wood)

February 23, 2015

An act to add begin delete Section 490.8 end delete begin insert Sections 594.9 and 803.7 end insert to the Penal Code, relating to begin delete larceny end delete begin insert vandalism end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 288, as amended, McGuire. begin delete Theft of end delete begin insert Vandalism: end insert redwood burls.

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Existing law makes every person who maliciously defaces with graffiti or other inscribed material, damages, or destroys any real or personal property not his or her own guilty of vandalism, which is punishable by imprisonment, or fine, or both imprisonment and fine, as specified.

end insert begin insert

This bill would make it vandalism to maliciously deface, damage, or destroy a redwood tree on the property of another without the permission of the owner. The bill would create a permissive inference of a violation when a person violates these provisions with respect to property belonging to a public entity or the federal government. The bill would make a violation of these provisions punishable by fines or imprisonment or both, as specified. The bill would also authorize a court, in addition to any other penalty or fine imposed, to order the defendant to pay an additional fine, not to exceed $5,000, to be deposited in the State Park Contingent Fund for the purpose of forest restoration.

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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.

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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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 594.9 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 594.9. end insert   

(a) A person who maliciously defaces, damages, or
destroys a redwood tree on the property of another without the
permission of the owner is guilty of vandalism. Whenever a person
violates this section with respect to property belonging to a public
entity, as defined by Section 811.2 of the Government Code, or the
federal government, it shall be a permissive inference that the
person neither owned the property nor had the permission of the
owner to deface, damage, or destroy the property.

(b) (1) If the amount of the defacement, damage, or destruction
is four hundred dollars ($400) or more, the person shall be
punished by imprisonment pursuant to subdivision (h) of Section
1170 or in a county jail for a period not to exceed one year, by a
fine of not more than ten thousand dollars ($10,000) or, if the
amount of the defacement, damage, or destruction is ten thousand
dollars ($10,000) or more, by a fine not to exceed fifty thousand
dollars ($50,000), or by both that fine and imprisonment.

(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment.

(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has previously
been convicted of violating this section, the current violation shall
be punishable by imprisonment in a county jail for not more than
one year, or by a fine of not more than five thousand dollars
($5,000), or by both that fine and imprisonment.

(c) For purposes of this section, “damages” includes damage
caused to public or private property and facilities, public parks
property and facilities, and public utilities and water property and
facilities, in the course of stealing or attempting to steal, take, or
carry away without consent of the owner the burl of a redwood
tree from the property of another.

(d) Upon the conviction of a person for violating this section,
the court, in addition to any other penalty or fine imposed, may
order the defendant to pay an additional fine, not to exceed five
thousand dollars ($5,000), to be deposited in the State Park
Contingent Fund, as established by Section 5009 of the Public
Resources Code for the purpose of forest restoration.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 803.7 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 803.7. end insert   

With respect to a violation of Section 594.9, a limitation
of time prescribed in this chapter does not commence to run until
the discovery of the offense.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

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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.

end delete

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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.

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