BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 288


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          Date of Hearing:  June 30, 2015


          Chief Counsel:     Gregory Pagan








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          288 (McGuire) - As Amended June 2, 2015





          SUMMARY:  Makes a person who maliciously defaces, damages, or  
          destroys a redwood tree on the property of another without the  
          permission of the owner guilty of vandalism.  Specifically, this  
          bill:  



          1)Provides that 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 provision with respect to property  








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            belonging to a public entity, as specified, 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.

          2)States that if the amount of the defacement, damage, or  
            destruction is $400 or more, the person shall be punished by  
            imprisonment in a county jail not exceeding one year, or by 16  
            months, two, or three years in a county jail, by a fine of not  
            to exceed $10,000 or, if the amount of defacement, damage, or  
            destruction is $10,000 or more, by a fine of not to exceed  
            $50,000, or by both that fine and imprisonment. 



          3)Provides that if the amount of the defacement, damage, or  
            destruction is less than $400, the 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.



          4)States that if the amount of defacement, damage, or  
            destruction is less than $400 and the defendant has been  
            previously been convicted of defacing, damaging, or destroying  
            a redwood tree the current violation is punishable by  
            imprisonment in a county jail for not more than one year, by a  
            fine of not more than $5,000, or by both that fine and  
            imprisonment.   



          5)Defines "damage" to include 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 the consent of the owner the burl of a redwood tree  
            from the property of another.








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          6)Provides that with respect to defacing, damaging, or  
            destroying a redwood tree the time for commencing a criminal  
            action does not begin until discovery of the offense.



          EXISTING LAW:  



          1)Provides that every person who maliciously defaces real or  
            personal property with graffiti or other inscribed material is  
            guilty of vandalism, which is punishable as an alternate  
            felony/misdemeanor.  (Pen. Code, § 594.)

          2)States that if the amount of damage is $400 or more, vandalism  
            is punishable by imprisonment in a county jail not exceeding  
            one year, or by 16 months, two, or three years in a county  
            jail, by a fine not to exceed $10,000 or, if the amount of  
            damage is $10,000 or more, by a fine of not to exceed $50,000,  
            or by both that fine and imprisonment.  (Pen. Code, § 594,  
            subd. (b)(1).)

          3)States that if the amount of damage 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. (Pen. Code, § 594, subd.  
            (b)(2)(A).)

          4)Provides that if the amount of damage is less than $400 and  
            the defendant has previously been 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, by a fine of not more than $5,000, or  
            by both that fine and imprisonment.  (Pen. Code, § 594, subd.  
            (b)(2)(B).)  








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          5)Authorizes the court, when appropriate and feasible, in  
            addition to any other punishment imposed, to order the  
            defendant to clean up, repair, or replace the damaged property  
            his or her self, or order the defendant, if a minor, to keep  
            the damaged property or other specified property in the  
            community free of graffiti for up to one year.  (Pen. Code, §  
            594, subd. (c).)

          6)Defines "graffiti or other inscribed material" for purposes of  
            Penal Code section 594 as including any unauthorized  
            inscription, word, figure, mark, or design that is written,  
            marked, etched, scratched, drawn, or painted on real or  
            personal property.  (Pen. Code, § 594, subd. (e).)

          7)Provides that the court may order any person convicted of  
            vandalism and ordered to perform community service or graffiti  
            removal to undergo counseling.  (Pen. Code, § 594, subd. (f).)

          8)Provides that every person who is convicted of vandalism may  
            be ordered by the court as a condition of probation to perform  
            community service not to exceed 300 hours over a period not to  
            exceed 240 days during a time other than his or her hours of  
            school attendance or employment.  (Pen. Code, § 594.6.)

          9)States that any person who knowingly commits any act of  
            vandalism to a church, synagogue, mosque, temple, building  
            owned and operated by a religious educational institution, or  
            other place primarily used as a place of worship where  
            religious services are regularly conducted, or a cemetery, is  
            guilty of a crime punishable by imprisonment in a county jail  
            for 16 months, two, or three years, or by imprisonment in a  
            county jail not to exceed one year.  (Pen. Code, Section  
            594.3, subd. (a).)

          10)States that any person who knowingly commits any act of  
            vandalism to a church, synagogue, mosque, temple, building  
            owned and operated by a religious educational institution, or  
            other place primarily used as a place of worship where  








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            religious services are regularly conducted, or a cemetery that  
            is show to have been a hate crime and to have been committed  
            for the purpose of intimidating and deterring persons from  
            freely exercising their religious beliefs, is guilty of a  
            crime punishable by imprisonment in a county jail for 16  
            months, two, or three years.  (Pen. Code, § 594.3, subd. (b).)

          11)States that any person who willfully and maliciously injects  
            or throws upon, or otherwise defaces, destroys or contaminates  
            any structure with butyric acid, or other similar noxious or  
            caustic substance is guilty of a public offense and is to be  
            punished by imprisonment in a county jail for 16 months, two,  
            or three years, or in a county jail not exceeding six months  
            by a fine as follows, or by both that fine and imprisonment.   
            The amount of the fine is determined in the following manner: 

             a)   If the amount of the damage is more than $50,000, the  
               fine is up to $50,000; 

             b)   If the amount of the damage is between $5,000 and  
               $50,000, the fine is up to $10,000;

             c)   If the amount of the damages is between $950 and $5,000,  
               the fine is up to $5,000; or, 

             d)   If the amount of the damages is less than $950, the fine  
               is up to $1,000.  (Pen. Code, § 594.4.) 

          12)States any person who defaces with graffiti or other  
            inscribed material the interior or exterior of the facilities  
            or vehicles of a governmental entity, as defined by the  
            Government Code or the interior or exterior of the facilities  
            or vehicles of a public transportation system as defined by  
            the Public Utilities Code, or the interior or exterior of the  
            facilities of or vehicles operated by entities subsidized by  
            the Department of Transportation or the interior or exterior  
            of any leased or rented facilities or vehicles for which any  
            of the above entities incur costs of less than $250 for  
            cleanup, repair, or replacement is guilty of an infraction,  








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            punishable by a fine not to exceed $1,000 and by a minimum of  
            48 hours of community service for a total time not to exceed  
            200 hours over a period not to exceed 180 days, during a time  
            other than his or her hours of school attendance or  
            employment.  This subdivision does not preclude application of  
            provisions related to vandalism.  (Pen. Code, § 640.5, subd.  
            (d)(1).)

          13)Provides that any person who is violates the graffiti or  
            vandalism statutes on or within 100 feet of a highway or its  
            appurtenances is guilty of a misdemeanor, punishable by  
            imprisonment in a county jail not exceeding six months; or by  
            a fine not exceeding $1,000; or by both that imprisonment and  
            fine.  A second conviction is punishable by imprisonment in a  
            county jail not exceeding one year; by a fine not exceeding  
            $1,000; or by both that imprisonment and fine.  (Pen. Code, §  
            640.7.)

          14)Provides that a city, county, or city and county may enact an  
            ordinance to provide for the use of city or county funds to  
            remove graffiti or other inscribed material from publicly or  
            privately owned real or personal property located within the  
            city, county, or city and county and to replace or repair  
            public or privately owned property within that city, county,  
            or city and county that has been defaced with graffiti or  
            other inscribed material that cannot be removed cost  
            effectively.  (Gov. Code, § 53069.3, subd. (a).)



          FISCAL EFFECT:  Unknown





          COMMENTS: 










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          1)Author's Statement:  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 public lands is increasing in frequency and  
            intensity. 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."

          2)Argument in Support:  According to the California State  
            Sheriffs' Association, "Burl poaching on 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.  But  
            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.








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          "California redwoods are considered a national treasure.  Their  
            protection should be a priority.  For these reasons, CSAA is  
            pleased to support SB 288."



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California District Attorneys Association


          California State Sheriffs' Association
          Los Angeles County District Attorney's Association
          Del Norte County Board of Supervisors



          Opposition


          


          None










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          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744