BILL ANALYSIS Ó SB 288 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 288 (McGuire) - As Amended June 25, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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, SB 288 Page 2 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: SB 288 Page 3 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 SB 288 Page 4 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." SB 288 Page 5 Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081