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
SB 288
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Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744