BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1034|
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THIRD READING
Bill No: SB 1034
Author: Ducheny (D)
Amended: 4/14/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 6-3, 3/23/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Archaeological resources: civil penalties
SOURCE : Society for California Archaeology
DIGEST : This bill makes the violation of the law on a
person who knowingly and willfully excavates upon, or
removes, destroys, injures or defaces archaeological
resources on public lands, a $10,000 fine, or by
imprisonment in a county jail not to exceed one year, or
both, as specified.
ANALYSIS : Existing law prohibits a person from knowingly
and willfully excavating upon, or removing, destroying,
injuring, or defacing, any historic or prehistoric ruins,
burial grounds, archaeological or vertebrate
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paleontological site, including fossilized footprints,
inscriptions made by human agency, rock art, or any other
archaeological, paleontological, or historical feature,
situated on public lands, as defined. A violation of this
prohibition is a misdemeanor.
This bill makes the misdemeanor penalty for the above
offense up to one year in the county jail and/or a fine of
up to $10,000 plus penalty assessments.
This bill also clarifies that restitution shall be ordered
by the court to the state agency that oversees the
archaeological site that was defaced and sets forth how the
commercial or archeological value shall be determined and
what the restitution costs shall include.
This bill provides that upon conviction of the above
offense, the following items may be subject to forfeiture:
1. The archeological resource that was the subject of the
violation, and that is in the possession of the person.
2. A vehicle that was used in connection with the violation
if the vehicle to be forfeited was not merely a means of
transportation to the site, but was either of the
following:
A. The vehicle was specifically modified or designed
to assist in the commission of the crime.
B. The vehicle was used as part of a pattern or
scheme to commit the offense.
3. Equipment used in the violation.
This bill provides that a vehicle that is subject to
forfeiture shall be released to the legal owner or his
agent pursuant to procedures set forth in the Vehicle Code.
This bill provides that if there is a community property
interest in the vehicle subject to forfeiture, the court
shall consider whether there is another vehicle available
to the party with that interest before ordering forfeiture
of the vehicle.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/3/10)
Society for California Archaeology (source)
Barona Band of Mission Indians
California Communities United Institute
California State Park Rangers Association
California State Parks Foundation
Maritime Museum of San Diego
Save Our Heritage Organisation
The Trust for Public Land
ARGUMENTS IN SUPPORT : The author states that "Current
state law does not adequately protect our archaeological
resources and provide for adequate restitution when those
resources are damaged. The federal Archaeological
Resources Protection Act (ARPA) is far more stringent and
does a better job of protecting irreplaceable artifacts.
Currently, state law contains penalties that are far lower
and impart minimal financial burden upon criminals caught
damaging archaeological resources on state lands. In
addition, state law does not contain provisions for the
determination of archaeological value and the cost of
restoration. By adopting stricter penalties and aligning
state and federal laws, the state will improve its ability
to deter illegal excavations, enforce stricter penalties
for these illegal activities and ensure that California
counties to be a responsible steward of these precious
resources."
CTW/DLW:mw 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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