BILL ANALYSIS
SB 1034
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1034 (Ducheny) - As Amended: August 2, 2010
Policy Committee: Public
SafetyVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Increases the misdemeanor penalty for knowingly and willfully
excavating, removing, destroying, or defacing any historic or
prehistoric ruins, burial grounds, archaeological or
paleontological site situated on public lands from a fine of
up to $1,000 and/or up to six months in county jail, to a fine
of up to $10,000 and/or up to one year in county jail.
2)Requires the court to order restitution, unless the court
finds compelling reasons not to do so, to the state agency
with primary jurisdiction over the public lands where the
violation occurred. The restitution amount shall be based on
the commercial and archaeological value of the property and
the cost of restoration and repair of archaeological resources
damaged as a result of the violation.
3)Specifies the following property is subject to forfeiture
after conviction for damaging an archaeological site:
a) The archaeological resource that was the subject of the
violation, if in the possession of the person.
b) The vehicle used in connection with the violation if it
was specifically designed to assist in the commission of
the crime. The vehicle will be released if the legal owner
of the vehicle is not the person convicted, or if another
has a community property interest in the vehicle and there
is no other vehicle available to that other party.
SB 1034
Page 2
c) Equipment used in the violation.
FISCAL EFFECT
1)Negligible state costs.
2)Minor, if any, nonreimbursable increase in local incarceration
costs, offset by increased fine revenue.
3)Potential, unknown state revenue from restitution orders that
presumably would be dedicated to repairing/restoring the
damages leading to the restitution order.
COMMENTS
Rationale . Proponents hope increased penalties and an explicit
restitution scheme specifically for archaeological damage will
serve as a deterrent to those who would damage historical sites.
According to the author, "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 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 continues to be a responsible steward of
these precious resources."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081