BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 288|
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UNFINISHED BUSINESS
Bill No: SB 288
Author: McGuire (D), et al.
Amended: 6/25/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15
AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Nielsen
SENATE FLOOR: 40-0, 6/3/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 79-0, 7/16/15 (Consent) - See last page for
vote
SUBJECT: Vandalism: redwood burls
SOURCE: Author
DIGEST: This bill makes it vandalism to maliciously deface,
damage, or destroy a redwood tree on the property of another
without the permission of the owner, as specified. This bill
tolls the statute of limitations on the commencement of
prosecution of the offense until the discovery of the offense.
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Page 2
Assembly Amendments strike reference to "federal government" in
the portion of the bill that creates a permissive inference of a
violation when a person violates these provisions with respect
to property belonging to a public entity.
ANALYSIS:
Existing law:
1)States that every person who maliciously commits any of the
following acts with respect to any real or personal property
not his or her own, in cases other than those specified by
state law, is guilty of vandalism: (a) defaces with graffiti
or other inscribed material; (b) damages; or, (c) destroys.
Whenever a person violates this subdivision with respect to
real property, vehicles, signs, fixtures, furnishings, or
property belonging to any public entity or the federal
government, 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. (Penal Code §
594(a).)
2)States that if the amount of defacement, damage, or
destruction is $400 or more, vandalism is punishable by
imprisonment pursuant to subdivision (h) of Penal Code Section
1170 or in a county jail not exceeding one year, or by a fine
of not more than $10,000, or if the amount of defacement,
damage, or destruction is $10,000 or more, by a fine of not
more than $50,000, or by both that fine and imprisonment.
(Penal Code § 594(b)(1).)
3)States that if the amount of defacement, damage, or
destruction 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. (Penal Code § 594(b)(2)(A).)
4)States that if the amount of defacement, damage, or
destruction is less than $400, and the defendant has been
previously convicted of vandalism or affixing graffiti or
other inscribed material under Section 594, 594.3, 594.4,
640.5, 640.6, or 640.7, vandalism is punishable by
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Page 3
imprisonment in a county jail for not more than one year, or
by a fine of not more than $5,000, or by both that fine and
imprisonment. (Penal Code § 594(b)(2)(B).)
5)States that upon conviction of any person under this section
for acts of vandalism consisting of defacing property with
graffiti or other inscribed materials, the court must, when
appropriate and feasible, in addition to any punishment
imposed, order the defendant to clean up, repair, or replace
the damaged property himself or herself, or order the
defendant, and his or her parents or guardians if the
defendant is a minor, to keep the damaged property or another
specified property in the community free of graffiti for up to
one year. Participation of a parent or guardian is not
required under this subdivision if the court deems this
participation to be detrimental to the defendant, or if the
parent or guardian is a single parent who must care for young
children. If the court finds that graffiti cleanup is
inappropriate, the court shall consider other types of
community service, where feasible. (Penal Code § 594(c).)
6)States that if a minor is personally unable to pay a fine
levied for acts prohibited by this section, the parent of that
minor shall be liable for payment of the fine. A court may
waive payment of the fine, or any part thereof, by the parent
upon a finding of good cause. (Penal Code § 594(d).)
7)States that a statute of limitations is not tolled or extended
for any reason, unless there is an enumerated exception.
(Penal Code § 803.)
This bill:
1)Makes it vandalism to maliciously deface, damage, or destroy a
redwood tree on the property of another without the permission
of the owner.
2)Creates a permissive inference of a violation when a person
violates these provisions with respect to property belonging
to a public entity.
3)Makes a violation of these provisions punishable by fines or
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Page 4
imprisonment or both, as specified, consistent with those for
the existing offense of vandalism.
4)Provides that with respect to a violation of this bill's
provisions, the statute of limitations does not commence to
run until the discovery of the offense.
Background
This bill makes it vandalism to maliciously deface, damage, or
destroy a redwood tree on the property of another without the
permission of the owner and makes a violation of these
provisions punishable by fines or imprisonment or both, as
specified, consistent with those for the existing offense of
vandalism pursuant to Penal Code Section 594.
This bill, additionally, tolls the statute of limitations for
this newly added vandalism section, so that it does not begin
running until the discovery of the offense.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee:
1)Likely minor General Fund 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.
SUPPORT: (Verified 7/29/15)
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California District Attorneys Association
California Forestry Association
California State Park Rangers Association
California State Sheriffs' Association
Center for Biological Diversity
Humboldt County District Attorney
Mendocino/Humboldt Redwood Companies
Pacific Forest Trust
Save the Redwoods League
Sonoma County Agricultural Preservation and Open Space District
Sonoma Land Trust
One individual
OPPOSITION: (Verified 7/29/15)
None received
ARGUMENTS IN SUPPORT:
According to the Pacific Forest Trust:
Pacific Forest Trust supports Senator McGuire's effort
to address the terrible problem of illegal harvest and
theft of redwood burls.
Prized for its beauty and rarity, redwood burls make
distinctive fine woodwork. High quality redwood burls
occur on ancient trees, most of which are located in
state and national parks. The value of redwood burls
has led to terrible damage to irreplaceable natural
heritage by callous thieves who savage the ancient
trees.
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Burl theft harms or kills these priceless ancient trees,
depriving future generations of their beauty and
majesty.
ASSEMBLY FLOOR: 79-0, 7/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Gordon
Prepared by:Jessica Devencenzi / PUB. S. /
8/13/15 13:24:48
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