BILL NUMBER: SB 288	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator McGuire
   (Coauthor: Assembly Member Wood)

                        FEBRUARY 23, 2015

   An act to add  Section 490.8   Sections 594.9
and 8   03.7  to the Penal Code, relating to 
larceny   vandalism  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, as amended, McGuire.  Theft of  
Vandalism:  redwood burls. 
   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.  
   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.  
   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 594.9 is added to the 
 Penal Code   , to read:  
   594.9.  (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. 
   SEC. 2.    Section 803.7 is added to the  
Penal Code   , to read:  
   803.7.  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.
   SEC. 3.    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.  
  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.