BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 288 Hearing Date: April 14, 2015
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|Author: |McGuire |
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|Version: |February 23, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Theft of Redwood Burls
HISTORY
Source: Author
Prior Legislation:None known
Support: Humboldt County District Attorney; California District
Attorney Association; California State Sheriffs'
Association; Save the Redwoods League; Sonoma County
Agricultural Preservation and Open Space District;
Sonoma Land Trust; California Forestry Association;
Mendocino/Humboldt Redwood Companies
Opposition:None known
PURPOSE
The purpose of this legislation is to make it a felony to
"steal, take or carry away" a burl of a redwood tree without
consent of the owner, as specified.
Existing law provides that every person who feloniously steals,
takes, carries, leads, or drives away the personal property of
another is guilty of theft, as specified. (Penal Code § 484.)
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Existing law defines "grand theft" as any theft where the money,
labor, or real or personal property taken or when the property
is taken from the person of another is of a value exceeding
$950. (Penal Code §§ 487(a) and (c).)
Existing law provides that grand theft is committed when the
money, labor, or real or personal property taken is of a value
in excess of $950, except as specified. (Penal Code § 487(a).)
Existing law provides that, notwithstanding the default value of
$950 to establish grand theft, grand theft is committed in any
of the following cases:
When domestic fowls, avocados, or other farm crops are
taken of a value exceeding $250;
When fish or other aqua-cultural products are taken from
a commercial or research operation that is producing that
product of a value exceeding $250;
Where money, labor or property is taken by a servant or
employee from his or her principal and aggregates $950 or
more in any consecutive 12-month period;
When the property is taken from the person of another;
or
When the property taken is an automobile, firearm,
horse, mare, gelding, bovine animal, caprine animal, mule,
jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or
pig.
(Penal Code § 487(b).)
Existing law provides that grand theft is an alternate
felony-misdemeanor, punishable by imprisonment in the county
jail for up to one year, a fine of up to $1,000, or both, or by
a felony jail sentence of 16 months, two years or three years
pursuant to Penal Code Section 1170, subdivision (h), and a fine
of up to $10,000. (Penal Code § 489(b).)
Existing law provides that, notwithstanding Section 487, or any
other provision of law defining grand theft, obtaining any
property by theft where the value of the money, labor, real or
personal property taken does not exceed nine hundred fifty
dollars ($950) shall be considered petty theft and shall be
punished as a misdemeanor, except that such person may instead
be punished pursuant to subdivision (h) of Section 1170 if that
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person has prior a conviction for a serious or violent felony or
an offense requiring registration pursuant to 290, as specified.
(Penal Code § 490.2(a).)
This bill would make it a felony, punishable by imprisonment
pursuant to subdivision (h) of section 1170, or a fine up to ten
thousand dollars, or both that fine and imprisonment, to steal,
take or carry away, without consent of the owner, the burl of a
redwood trees from the property of another.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
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the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for This Legislation
According to the Author:
California's majestic redwood trees - the tallest
trees on the planet - are being targeted at an
increased rate by poachers seeking to make an easy
profit. These poachers will frequently butcher
healthy ancient old growth redwoods, often clear
cutting paths to the tree where the criminals then use
chainsaws to either fell the redwood or hack out the
valuable pieces of burl wood. When burls are chopped
off it significantly injures the tree, and can
actually kill these national treasures.
Poachers are able to sell the beautiful, hard wood
burls, which are used to create decorative products
and trinkets, at high prices. Because the burl of a
redwood is becoming more and more rare, poaching on
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public lands is increasing in frequency and intensity.
Currently, if caught and depending on the estimated
value of the burl, the perpetrator is likely to be
charged with a misdemeanor and no associated fine.
A redwood burl is the dormant, knobby material that
grows at the base of the tree trunk which allows the
redwood to grow new saplings and roots. They become
visible once a tree is about 3 years old and they
continue to grow over the life of the tree. Burls
also develop on other parts of the tree in response to
wounding, to cover the damage and protect the tree.
While coast redwoods do produce seeds, they most
commonly reproduce through sprouts that grow from
burls.
A burl produces a marbled appearance once the wood is
cut and polished. Depending on the size of the burl,
it can be used to make anything from salt-and- pepper
shakers, tables or bedroom head and footboards. While
some burls are small others can weigh hundreds of
pounds and can fetch hundreds to tens of thousands of
dollars.
Only 5 percent of the remaining old growth redwoods
still stand. According to Save the Redwoods "these
trees are only naturally occurring today in a narrow
band along the coast of Northern California. Since
the 1840's, 95 percent of the coast redwood forest has
been cut down, and today only 120,000 acres of ancient
coast redwood forest remain." In 1978, the U.S.
congress passed the Redwood Park expansion bill. The
total cost of the expansion was about 1 billion.
The state has been aware of redwood burl poaching
since the early 2000's, however only recently started
tracking the number of thefts due to the increasing
frequency of incidents. Burl theft was at a recorded
low in 2011 when only 4 cases were reported. However,
burl theft sharply increased to 14 cases in 2012 and
has been increasing ever since. Between 2010 and
2014, burl thefts in California State and National
Parks have totaled over 106 incidents. However, this
number could be much greater as these are only
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"reported" incidents.
Burl theft poses grave risks to ancient redwoods
because poaching requires cutting into the tree base
or completely cutting down the tree to remove the
burl. Once the bark of the redwood is injured, the
tree is instantly vulnerable to pests, fire, disease,
and wind - any one of these variables can weaken and
kill redwoods.
Park officials and local District Attorneys believe
there is a small contingent of individuals responsible
for perpetrating the crime. Poachers are motivated by
a lethargic local economy and costly methamphetamine
habits, according to park officials, and they have
been targeting even bigger burls and using
increasingly audacious tactics. Last year, a redwood
projected to be 400 years old was felled by thieves
who wanted access to a 500-pound burl that was 60 feet
up.
California's redwoods are considered a national
treasure. These towering trees bring tourists from
around the world to enjoy their unparalleled grandeur.
The United Nations lists Redwood National and State
Parks as a world heritage site. These redwoods also
play a critical role in carbon sequestration and
helping the state achieve its greenhouse gas reduction
targets.
SB 288 will deter potential thefts and make it easier
for District Attorneys to prosecute by making the
illegal take of a redwood burl a mandatory felony with
an associated $10,000 fine.
2. Redwood Burl Theft
This legislation would make theft of a redwood burl a felony,
regardless of the value of the burl. The Humboldt County
District Attorney states, in support of this legislation:
Currently a park ranger or other law enforcement
officer investigating the theft of a burl must
determine if its monetary value reaches the threshold
amount of $950. This requirement of establishing a
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dollar amount is difficult and frequently the "street
value" of the burl does not come close to the true
value of the wood, does not incorporate the risk of
mortality to the damaged tree that remains, and does
not reflect the value placed on our natural resources
by the public.
The frequency of burl theft has increased in Northern
California over the last few years; making the act a
felony will aid in deterring this crime while
reflecting the value of the redwoods to our community
and people everywhere.
Aside from statements that the $950 requirement makes
prosecution more difficult, the Committee has not been provided
with examples in which the $950 threshold was an impediment to
prosecution. Two recent burl cases in Humboldt County were
successfully prosecuted as felony vandalism:
"(Danny E.) Garcia pleaded guilty to felony vandalism
on May 27 and is waiting to be sentenced," Humboldt
County Assistant District Attorney Kelly Neel said on
Monday. Garcia had also faced charges of felony grand
theft and receiving stolen property. The sentencing
will be on June 19 at 2 p.m. in courtroom five of the
Humboldt County courthouse.
(Man to be Sentenced in Burl Poaching Case, Melissa Simon,
Times-Standard News, June 20, 2014,
http://www.times-standard.com/general-news/20140609/man-to-be-sen
tenced-in-burl-poaching-case/2; emphasis added.)
Orick resident Danny E. Garcia was sentenced Wednesday
to 700 hours of community service and ordered to pay
just over $11,000 in restitution for hacking redwood
burls off trees in the Redwood National and State
Parks last year.
Garcia also received a suspended sentence of one year
in jail, four years probation - with a credit of 170
days served - and he must not own or possess a firearm
for yelling at customers and telling them he was going
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to kill them at an Orick cafe in January 2012.
Humboldt County Superior Court Judge Joyce Hinrichs
said the intent of the sentence was to change Garcia's
history of getting by after making offenses, and to
have a chance for change.
"This has had a real impact on you and your family and
I think you having lived somewhere else has had an
impact, and I'm hoping there will be meaningful
change," Hinrichs said during the sentencing.
There were no additional statements by Humboldt County
Public Defender Jennifer Dixon or Humboldt County
Deputy District Attorney Elan Firpo during the
sentencing. Garcia only spoke to answer yes-or-no
questions asked by Hinrichs on whether or not he
understands the sentence and his right to appeal.
The case gained national attention after park
officials released photos of the damage caused to the
trees. Hinrichs said that many people living on the
North Coast forget to appreciate the beauty of the
redwoods and told Garcia he was opportunistic when he
damaged the trees.
"I hope this sentence will keep people from doing
this," Hinrichs said in reference to those who
purchase burls without proof of proper harvesting and
those who cut the burls.
National Park Service Ranger Jeff Denny told the
Times-Standard earlier this month that Garcia's arrest
in May ended a year-long poaching investigation that
began in April 2013 after park rangers received a tip
leading them to a store in Del Norte County. The
investigation began when a researcher conducting a
survey found an old-growth redwood tree with several
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cuts on it and burls hacked from the tree fallen on
the ground around it, with the largest at 8 feet wide
by 8 feet high and just under 2 feet thick. Park
rangers documented the tree and kept an eye on it.
"This is something that has been going on for a long
time, and park staff is continuing to investigate the
burl cuts, but we don't have any other suspects and
haven't made any other arrests," Denny said earlier.
Larry Morrow, a second suspect in the case, pleaded
guilty to felony vandalism at a May 27 hearing and
received a suspended sentence with three years
probation with conditions of obeying all the laws and
paying $1,600 in victim restitution, according to
court documents. Morrow remains in custody at the
Humboldt County jail and is scheduled be released on
July 11, according to the jail.
Both Morrow and Garcia are required to stay out of
Redwood National and State Parks, according to court
documents.
(Burl Poacher Sentenced to Community Service, Melissa Simon,
Times-Standard News, June 20, 2014,
http://www.times-standard.com/general-news/20140620/burl-poacher-
sentenced-to-community-service/1; emphasis added.)
3. Author's Amendments
In discussions concerning the scope and intent of this bill, the
author intends to amend this bill as follows: (1) strike the
current provisions of the legislation; (2) add a new vandalism
section making defacement, damage, or destruction of a redwood
tree in the amount of four hundred dollars or more, punishable
by imprisonment pursuant to subdivision (h) of Section 1170 or
in a county jail not exceeding one year, or by a fine of not
more than ten thousand dollars, or if the amount of defacement,
damage, or destruction is ten thousand dollars or more, by a
fine of not more than fifty thousand dollars, or by both that
fine and imprisonment; (3) add a subdivision to the new
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vandalism section stating that if the amount of defacement,
damage, or destruction is less than four hundred dollars,
vandalism is punishable by imprisonment in a county jail not
exceeding one year, or by a fine of not more than one thousand
dollars, or by both that fine and imprisonment; (4) add a
subdivision to the new vandalism section increasing the
misdemeanor fine if the person has a previous conviction for
vandalizing a redwood tree; (5) add a subdivision to the new
vandalism section that defines "damages;" (6) add an additional
fine, not to exceed $5,000, to pay for forest restoration; and,
(7) add a new section stating that the statute of limitations
for vandalism of a redwood tree, pursuant to the new vandalism
section, begins running at the date of discovery.
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