BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 288  


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          Date of Hearing:   July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 288  
          (McGuire) - As Amended June 25, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill makes a person who maliciously defaces, damages (as  
          defined), or destroys a redwood tree on public property, or on  
          the property of another without the permission of the owner,  








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          guilty of vandalism (an existing alternate felony/misdemeanor)  
          punishable by imprisonment and/or fines.  Specifically, this  
          bill:  



          1)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 not to  
            exceed $10,000 or, if the amount of defacement, damage, or  
            destruction is $10,000 or more, by a fine not to exceed  
            $50,000, or by both that fine and imprisonment. 

          2)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.



          3)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. 





          4)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.

          FISCAL EFFECT:








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          1)Likely minor GF costs for increased state prison commitments  
            for persons with a current or prior violent felony conviction  
            who are convicted of a felony under the provisions of this  
            bill.  The universe of these individuals is expected to be  
            very small.  Assuming the annual contracted bed rate of  
            $29,000 per inmate, the annual General Fund costs would be  
            $29,000 per each additional year served under such conviction.


          2)Moderate nonreimbursable local costs for incarceration for  
            misdemeanor convictions, or felony convictions of individuals  
            without a current or prior violent felony.  


          3)Potentially significant fine revenue to the extent resources  
            are available to collect the fine imposed by the courts.


          COMMENTS:


          1)Purpose.  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, hardwood 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  








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            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)Background.  Current law 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.


          3)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."

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














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          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081