BILL NUMBER: SB 1325	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2010

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 amended, 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   $250 . 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  provided  for grand
theft  or in any other provision of law  . 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   require those fines to be collected and
distributed in accordance with certain provisions of law  .
   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  or any other provision of law 
.
   (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  or any other provision of law 
.
   (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.