Amended in Senate June 2, 2015

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 Sections 594.9 and 803.7 to the Penal Code, relating to vandalism.

LEGISLATIVE COUNSEL’S DIGEST

SB 288, as amended, McGuire. 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. begin insert Existing law requires prosecution for an offense punishable by imprisonment in the state prison or county jail to be commenced within three years after commission of the offense. end insert

This bill would begin delete make it vandalism to end delete begin insert specifically include in the crime of vandalism end insert maliciously begin delete deface, damage, or destroy end delete begin insert defacing, damaging, or destroying end insert 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. begin delete 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. end delete begin insert By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would begin the running of the time for prosecution for this offense upon discovery of the offense. end insert

begin insert

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.

end insert begin insert

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

end insert

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.

begin delete

(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.

end delete

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.