BILL NUMBER: SB 1325	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman
   (Coauthor: Assembly Member Conway)

                        FEBRUARY 19, 2010

   An act to add Section 502.10 to the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1325, as introduced, Harman. Crimes: theft: agricultural
commodities and equipment.
   Existing law provides that grand theft is committed when domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops are taken of a
value exceeding $100. Existing law provides that grand theft is
punishable in these cases by imprisonment in a county jail not
exceeding one year or in the state prison. Existing law specifies how
fines and forfeitures imposed and collected for crimes are to be
distributed.
   This bill would require certain fines for a 2nd and 3rd felony
conviction for theft of agricultural commodities or equipment, as
defined, in addition to the punishment for grand theft. The bill
would authorize a county, as provided, to allocate up to 50% of those
fines to the chief law enforcement officer of that county for
allocation to the investigation and prosecution of agricultural
crimes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 502.10 is added to the Penal Code, to read:
   502.10.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Agricultural commodity" means any fruit, nut, citrus, field,
forage, nursery crop, or other farm crop, or apiary, livestock, or
poultry.
   (2) "Agricultural equipment" means any equipment used in
agricultural production, including, but not limited to, an implement
of husbandry, as defined in Sections 36000, 36005, and 36015 of the
Vehicle Code, a farm trailer, as defined in Section 36010 of the
Vehicle Code, an automatic bale wagon, as defined in Section 36011 of
the Vehicle Code, a cotton module mover, as defined in Section 36012
of the Vehicle Code, and a trap wagon, as defined in Section 36016
of the Vehicle Code, and any part of that equipment used in
agricultural production.
   (3) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
   (b) Upon the second felony conviction for theft of agricultural
commodities or equipment, a person shall be punished by a mandatory
fine of five thousand dollars ($5,000) in addition to the punishment
provided for in Section 489.
   (c) Upon the third felony conviction for theft of agricultural
commodities or equipment, a person shall be punished by a mandatory
fine of ten thousand dollars ($10,000) in addition to the punishment
provided for in Section 489.
   (d) All fines collected under this section shall be collected and
distributed in accordance with Sections 1463 and 1463.001. However, a
county may, by a majority vote of the members of its board of
supervisors, allocate any amount up to, but not exceeding, 50 percent
of those fines to the chief law enforcement officer of that county
for allocation to the investigation and prosecution of agricultural
crimes.