BILL NUMBER: SB 1338	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman
   (Coauthor: Assembly Member Conway)

                        FEBRUARY 19, 2010

   An act to amend Section 487 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1338, as introduced, Harman. Grand theft: farm crops.
   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 $250. Existing law provides a method for establishing
the value of avocados or citrus fruit for purposes of this offense
based on wholesale value.
   This bill would provide that this same method may be used to
establish the value of the other products listed above for purposes
of determining if a taking is grand theft.
   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 487 of the Penal Code is amended to read:
   487.  Grand theft is theft committed in any of the following
cases:
   (a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400) except as provided
in subdivision (b).
   (b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
   (1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
   (B) For the purposes of establishing that the value of 
avocados or citrus fruit   domestic fowls, avocados,
olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
artichokes, or other farm crops  under this paragraph exceeds
two hundred fifty dollars ($250), that value may be shown by the
presentation of credible evidence which establishes that on the day
of the theft  domestic fowls,  avocados  , olives, 
 or  citrus  fruit   or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops  of the same variety and weight exceeded two
hundred fifty dollars ($250) in wholesale value.
   (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
   (3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
   (c) When the property is taken from the person of another.
   (d) When the property taken is any of the following:
   (1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
   (2) A firearm. 
   (e) This section shall become operative on January 1, 1997.