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. 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.
This bill would specifically include in the crime of vandalism maliciously defacing, damaging, or destroying 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 publicbegin delete entity or the federal government.end deletebegin insert
entity.end 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.
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 594.9 is added to the Penal Code, to read:
(a) A person who maliciously defaces, damages, or
3destroys a redwood tree on the property of another without the
4permission of the owner is guilty of vandalism. Whenever a person
5violates this section with respect to property belonging to a public
6entity, as defined by Section 811.2 of the Government Code,begin delete or it shall be a permissive inference that the
7the federal government,end delete
8person neither owned the property nor had the permission of the
9owner to deface, damage, or destroy the property.
10(b) (1) If the amount of the defacement, damage, or destruction
11is four hundred dollars
($400) or more, the person shall be punished
12by imprisonment pursuant to subdivision (h) of Section 1170 or
13in a county jail for a period not to exceed one year, by a fine of
14not more than ten thousand dollars ($10,000) or, if the amount of
15the defacement, damage, or destruction is ten thousand dollars
16($10,000) or more, by a fine not to exceed fifty thousand dollars
17($50,000), or by both that fine and imprisonment.
18(2) (A) If the amount of defacement, damage, or destruction is
19less than four hundred dollars ($400), vandalism is punishable by
20imprisonment in a county jail not exceeding one year, or by a fine
21of not more than one thousand dollars ($1,000), or by both that
22fine and imprisonment.
23(B) If the amount of defacement, damage, or destruction is less
24than
four hundred dollars ($400), and the defendant has previously
25been convicted of violating this section, the current violation shall
26be punishable by imprisonment in a county jail for not more than
27one year, or by a fine of not more than five thousand dollars
28($5,000), or by both that fine and imprisonment.
29(c) For purposes of this section, “damages” includes damage
30caused to public or private property and facilities, public parks
P3 1property and facilities, and public utilities and water property and
2facilities, in the course of stealing or attempting to steal, take, or
3carry away without consent of the owner the burl of a redwood
4tree from the property of another.
Section 803.7 is added to the Penal Code, to read:
With respect to a violation of Section 594.9, a limitation
7of time prescribed in this chapter does not commence to run until
8the discovery of the offense.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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