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