BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 288 (McGuire) - Vandalism: redwood burls
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|Version: April 22, 2015 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 28, 2015 |Consultant: Jolie Onodera |
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SUSPENSE FILE. AS AMENDED.
Bill
Summary: SB 288 would make it vandalism to maliciously deface,
damage, or destroy a redwood tree on the property of another
without the permission of the owner, as specified. This bill
would toll the statute of limitations on the commencement of
prosecution of the offense until the discovery of the offense.
Fiscal Impact (as approved May 28,
2015):
State prisons : Potential minor to moderate increase in state
costs (General Fund) to the extent additional commitments to
state prison occur under the extended statute of limitations
to prosecute violations of the offense that otherwise would
not have occurred under the existing offense of vandalism.
County jails : Potential increase in non-reimbursable local
costs (Local or General Fund*) to the extent additional
misdemeanor and felony convictions to jail occur under the
extended statute of limitations to prosecute violations of the
SB 288 (McGuire) Page 1 of
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offense that otherwise would not have occurred under the
existing offense of vandalism. Any increased costs to local
agencies could potentially require a subvention of funds from
the State (General Fund*).
*Proposition 30 (2012) provides that legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency for public safety
services, as defined, are not subject to mandate reimbursement,
however, apply to local agencies only to the extent the State
provides annual funding for the cost increase. Legislation
creating a new crime or changing the definition of an existing
crime is exempt from this funding provision, however,
legislation changing the penalty for a crime is not similarly
exempted. It is not clear that extending the statute of
limitations on what is essentially the existing crime of
vandalism to specific types of vandalism would constitute the
creation of a new crime. To the extent it is determined that the
provisions of this bill instead change the penalty for specified
type of vandalism by extending the period within which
violations can be prosecuted, any increase in costs to local
agencies attributable to provisions of this legislation could
potentially require annual funding from the State.
Background: 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 as an alternate
felony/misdemeanor, dependent on the value of the property so
damaged. (Penal Code (PC) § 594.)
If the amount of defacement, damage, or destruction is $400 or
more, vandalism is punishable as a felony, by imprisonment in
prison or county jail for 16 months, two years, or three years,
or in a county jail not exceeding one year, or by a fine of not
more than $10,000. If the amount of defacement, damage, or
destruction is $10,000 or more, vandalism is punishable by a
fine of not more than $50,000, or by both that fine and
imprisonment. (PC § 594(b)(1).)
SB 288 (McGuire) Page 2 of
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If the amount of defacement, damage, or destruction is less than
$400, vandalism is punishable by imprisonment in a county jail
not exceeding one year, or by a fine of not more than $1,000, or
by both that fine and imprisonment. If the amount of defacement,
damage, or destruction is less than $400, and the defendant has
been previously convicted of vandalism or affixing graffiti or
other inscribed material, as specified, vandalism is punishable
by imprisonment in a county jail for not more than one year, or
by a fine of not more than $5,000, or by both that fine and
imprisonment. (PC § 594(b)(2).)
Under existing law, the statute of limitations for the
commencement of the prosecution for a felony offense, with
specified exceptions, is within three years after commission of
the offense. (PC § 801.) For misdemeanor offenses, the statute
of limitations is generally within one year after commission of
the offense. (PC § 802.)
Proposed Law:
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. This bill:
Creates 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.
Makes a violation of these provisions punishable by fines or
imprisonment or both, as specified, consistent with those for
the existing offense of vandalism pursuant to PC § 594.
Authorizes 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.
Provides that with respect to a violation of the bill's
provisions, the statute of limitations does not commence to
SB 288 (McGuire) Page 3 of
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run until the discovery of the offense.
Related
Legislation: None applicable.
Staff
Comments: By extending the statute of limitations applicable to
violations of the specific type of vandalism described in this
measure, additional prosecutions for felony and misdemeanor
violations could potentially result in new costs to both state
and local agencies to the extent the provisions of this measure
result in new commitments to state prison and county jail. The
magnitude of these costs would be dependent on various factors
including the number of violations that otherwise would not have
been subject to prosecution under existing law, and the details
of each particular case.
Under 2011 Realignment Legislation, the state provided funding
to the counties to place offenders in county jail for specified
felonies that previously would have required a state prison
sentence. Pursuant to Proposition 30 (2012), legislation enacted
after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation apply to local agencies only to the extent that the
state provides annual funding for the cost increase. Proposition
30 specifies that legislation defining a new crime or changing
the definition of an existing crime is not subject to this
provision, however, legislation changing the penalty for a crime
is not similarly exempted. It is not clear that extending the
statute of limitations on what is essentially the existing crime
of vandalism to specific types of vandalism would constitute the
creation of a new crime. To the extent it is determined that the
provisions of this bill instead change the penalty for the
specific type of vandalism by extending the period within which
violations can be prosecuted, any increase in costs to local
agencies attributable to provisions of this legislation could
potentially require annual funding from the State.
The Three-Judge Court has ordered the State to reduce its prison
population to 137.5 percent of the prison system's design
SB 288 (McGuire) Page 4 of
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capacity by February 28, 2016. Pursuant to its February 10, 2014
order, the Court has ordered the CDCR to implement several
population reduction measures, prohibited an increase in the
population of inmates housed in out-of-state facilities, and
indicated the Court will maintain jurisdiction over the State
for as long as necessary to ensure that the State's compliance
with the 137.5 percent final benchmark is durable, and that such
durability is firmly established. Any future increases to the
State's prison population challenge the ability of the State to
reach and maintain such a "durable solution," and could require
the State to pursue one of several options, including
contracting-out for additional bed space or releasing current
inmates early onto parole.
Committee amendments (as adopted May 28, 2015): Delete the
additional $5,000 fine.
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