BILL ANALYSIS
SB 1338
Page 1
SENATE THIRD READING
SB 1338 (Harman)
As Introduced February 19, 2010
Majority vote
SENATE VOTE :33-0
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, Portantino | | |
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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:
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
SB 1338
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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
services involved in the theft exceeds $400.
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.
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:
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.
SB 1338
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FISCAL EFFECT : None
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005061