BILL ANALYSIS Ó SB 288 Page 1 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 SB 288 Page 2 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. SB 288 Page 3 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).) SB 288 Page 4 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 SB 288 Page 5 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, SB 288 Page 6 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: SB 288 Page 7 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. SB 288 Page 8 "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 Page 9 Analysis Prepared by:Gregory Pagan / PUB. S. / (916) 319-3744