Bill Text: CA SB288 | 2015-2016 | Regular Session | Enrolled

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Bill Title: Vandalism: redwood burls.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-04-19 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB288 Detail]

Download: California-2015-SB288-Enrolled.html

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BILL NUMBER: SB 288	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN ASSEMBLY  JUNE 25, 2015
	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator McGuire
   (Coauthor: Assembly Member Wood)

                        FEBRUARY 23, 2015

   An act to add Sections 594.9 and 803.7 to the Penal Code, relating
to vandalism.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, McGuire. Vandalism: redwood burls.
   Existing law makes every person who maliciously defaces with
graffiti or other inscribed material, damages, or destroys any real
or personal property not his or her own guilty of vandalism, which is
punishable by imprisonment, or fine, or both imprisonment and fine,
as specified. Existing law requires prosecution for an offense
punishable by imprisonment in the state prison or county jail to be
commenced within 3 years after commission of the offense.
   This bill would specifically include in the crime of vandalism
maliciously defacing, damaging, or destroying a redwood tree on the
property of another without the permission of the owner. The bill
would create a permissive inference of a violation when a person
violates these provisions with respect to property belonging to a
public entity. By expanding the definition of a crime, this bill
would impose a state-mandated local program. The bill would begin the
running of the time for prosecution for this offense upon discovery
of the offense.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 594.9 is added to the Penal Code, to read:
   594.9.  (a) A person who maliciously defaces, damages, or destroys
a redwood tree on the property of another without the permission of
the owner is guilty of vandalism. Whenever a person violates this
section with respect to property belonging to a public entity, as
defined by Section 811.2 of the Government Code, it shall be a
permissive inference that the person neither owned the property nor
had the permission of the owner to deface, damage, or destroy the
property.
   (b) (1) If the amount of the defacement, damage, or destruction is
four hundred dollars ($400) or more, the person shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 or in a
county jail for a period not to exceed one year, by a fine of not
more than ten thousand dollars ($10,000) or, if the amount of the
defacement, damage, or destruction is ten thousand dollars ($10,000)
or more, by a fine not to exceed fifty thousand dollars ($50,000), or
by both that fine and imprisonment.
   (2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has previously
been convicted of violating this section, the current violation shall
be punishable by imprisonment in a county jail for not more than one
year, or by a fine of not more than five thousand dollars ($5,000),
or by both that fine and imprisonment.
   (c) For purposes of this section, "damages" includes damage caused
to public or private property and facilities, public parks property
and facilities, and public utilities and water property and
facilities, in the course of stealing or attempting to steal, take,
or carry away without consent of the owner the burl of a redwood tree
from the property of another.
  SEC. 2.  Section 803.7 is added to the Penal Code, to read:
   803.7.  With respect to a violation of Section 594.9, a limitation
of time prescribed in this chapter does not commence to run until
the discovery of the offense.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.