BILL ANALYSIS
SB 1338
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Date of Hearing: June 22, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1338 (Harman) - As Introduced: February 19, 2010
SUMMARY : Provides that in a grand theft prosecution, the value
of specified agricultural products shall be determined as the
wholesale value of the products on the day of the theft, just as
the value of citrus fruits and avocados are determined under
existing law. Specifically, this bill provides that the value
of other agricultural products domestic fowls, avocados, olives,
citrus or deciduous fruits, other fruits, vegetables, nuts,
artichokes, or other farm crops shall also be determined as the
wholesale value of the products on the day of the theft.
EXISTING LAW :
1)Provides that theft occurs where a person does any of the
following (Penal Code Section 484):
a) Steals, takes, or drives away the personal property of
another;
b) Fraudulently appropriates property which has been
entrusted to him or her;
c) Knowingly and designedly, by any false or fraudulent
representation or pretense, defrauds another person of
money, labor or personal or real property; or,
d) Causes or procures others to report falsely of his or
her wealth or mercantile character and by thus imposing
upon any person, obtains credit and thereby fraudulently
gets or obtains possession of money, or property or obtains
the labor or service of another.
2)Provides that theft is a misdemeanor where the value of the
property, labor or services involved in the theft does not
exceed $400. Theft is grand theft, an alternate
felony-misdemeanor, where the value of the property, labor, or
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services involved in the theft exceeds $400. (Penal Code
Section 487.)
3)Provides the following as to determining the value of avocados
or citrus fruits: the value [of these products] may be shown
by the evidence which establishes that on the day of the theft
avocados or citrus fruit of the same variety and weight
exceeded $250 in wholesale value. [Penal Code Section
487(b)(1)(B).]
4)Provides that the defendant committed grand theft where he or
she took the property of the following specified kinds or
value, or under the following circumstances (Penal Code
Section 487):
a) Domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops are taken of a value exceeding $250;
b) Fish, shellfish, mollusks, crustaceans, kelp, algae, or
other agricultural products are taken from a commercial or
research operation which is producing that product, of a
value exceeding $250;
c) Money, labor, or real or personal property is taken by a
servant, agent, or employee from his or her principal or
employer and aggregates $950 or more in any 12 consecutive
month period. The property was taken from the person of
another;
d) The property taken was any of the following: an
automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow,
boar, gilt, barrow, or pig; or,
e) The property taken was a firearm.
5)Provides that the value of stolen property in a grand theft
prosecution is generally determined by the "reasonable and
fair market value" of the property at the time and place of
the theft. [2 Witkin & Epstein, Cal. Crim. Law (3d Ed.2000)
Crimes against Prop. 8.]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "SB 1338 will
provide consistency to Penal Code Section 487 in regards to
theft of agricultural commodities. The measure is sponsored
by the Tulare County District Attorney's Office.
"Previously, the section referred only to avocados or citrus
fruit and there was ambiguity as to whether the section
applied to other types of stolen agricultural products, making
it difficult to award restitution to the victim in those
cases.
"SB 1338 will assure that victims receive fair restitution by
guaranteeing that the method used to determine the value of
their stolen property is clearly stated and applicable to all
varieties of crops."
2)Determining the Value of Stolen Property and Agricultural
Products : The value of stolen goods is generally calculated
as the fair market value of property at the place and time the
property is taken. It appears that the special grand theft
values that apply to theft of agricultural products are
intended to apply to products taken from farms and through
wholesale distribution. In particular, existing law
specifically refers to the "wholesale value" of avocados and
citrus fruits. [Penal Code Section 487(b)(1)(B).] The grand
theft statute also refers to theft of "farm crops." [Penal
Code Section 487(b)(1)(A).] It should also be noted in this
regard that the paragraph defining grand theft of aquacultural
products refers to theft of such products from "a commercial
or research operation." (Penal Code Section 487(b)(1)(2).] A
commercial or research operation would appear to exclude a
grocery store or similar shop.
Once avocados, citrus fruits, nuts and other food products are
offered for sale at a retail establishment, there is no reason
to distinguish these products from any other retail good.
While it may be relatively easy to steal agricultural products
from isolated rural fields, barns and storehouses, no such
considerations apply to food products in grocery stores and
other retail businesses.
3)Restitution : The California Constitution and statutory law
give crime victims the right to restitution for economic
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losses. [Ca. Const. Art. 1 Section 28(b); Penal Code Section
1202.4(a)(1).] Restitution ensures that amends be made to
society for the breach of the law, enables people who suffer
loss as a result of criminal activity [to] be compensated for
those losses, and acts as a deterrent to future criminality
and to rehabilitate. [People v. Crow (1993) 6 Cal.4th 952,
958.] As such, courts have broad discretion to determine
restitution and make restitution orders. [People v. Baker
(2005) 126 Cal.App.4th 463, 468; People v. Prosser (2007) 157
Cal.App.4th 682, 690.] Arguably, this bill could provide
relative certainty for courts in determining the amount of
restitution to be granted a victim. Setting an explicit
standard for restitution in agricultural theft cases could
streamline the applicable process and allow a victim to
concentrate his or her efforts on collecting the restitution
ordered by the court.
4)Argument in Support : According to Western Growers ,
"[e]xisting law dealing with theft of agricultural commodities
only refers to avocados and citrus fruits which created
ambiguity as to whether the section applied to other types of
stolen agricultural products, making it difficult to award
restitution to the victim in those cases. SB 1338 provides
consistency to Penal Code section 487 in regards to theft of
agricultural commodities by guaranteeing that the method used
to determine the value of stolen property is clearly stated
and applicable to all varieties of crops."
REGISTERED SUPPORT / OPPOSITION :
Support
California Agricultural Aircraft Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Peace Officers' Association
California Police Chiefs Association
Western Agricultural Processors Association
Western Growers
Western Plant Health Association
Opposition
SB 1338
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None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744