BILL NUMBER: SB 703 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 23, 2004 AMENDED IN ASSEMBLY JUNE 2, 2004 AMENDED IN SENATE JULY 16, 2003 AMENDED IN SENATE JULY 2, 2003 AMENDED IN SENATE JUNE 3, 2003 AMENDED IN SENATE APRIL 30, 2003 INTRODUCED BYSenatorsSenator Florezand Denham(Coauthor: Assembly Member Cogdill)(Principal coauthor: Assembly Member Matthews) FEBRUARY 21, 2003An act to add Sections 13202.2 and 23593 to the Vehicle Code, relating to theft of diesel fuel.An act to amend Section 487 of the Penal Code, and to add Section 23593 to the Vehicle Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST SB 703, as amended, Florez.Theft: diesel fuel on agricultural propertyCrimes: grand theft: diesel fuel . Existing law generally makes petty theft a misdemeanor and specifies that grand theft, which may be charged as a misdemeanor or felony, is committed when the money, labor, or real or personal property taken is of a value exceeding $400. Existing law authorizes the impoundment of a motor vehicle whenever a person is convicted of specified crimes. This bill would specify that grand theft is committed when the property taken is diesel fuel of a value exceeding $100. By providing that theft of diesel fuel of this lesser value my be charged as a felony, this bill would impose a state-mandated local program. The bill would authorize the court, if a person is convicted of theft, and the property taken is diesel fuel, or a person is convicted of a violation of a specified provision prohibiting possession of stolen or illegally obtained property, and the property is diesel fuel, and the person used a vehicle owned by him or her in furtherance of the crime, to declare that the vehicle is a nuisance and subject to forfeiture. The bill would require the court to order that a vehicle declared a nuisance be impounded. The bill would authorize the impounded vehicle to be forfeited upon compliance with certain procedures relating to forfeiture of vehicles. By authorizing the impoundment and forfeiture of a vehicle, the bill would increase the duties of local officials, thereby imposing a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law generally makes theft a crime. Existing law authorizes the suspension of a person's privilege to operate a motor vehicle when the person commits various crimes. In addition, existing law authorizes the impoundment of a motor vehicle whenever a person is convicted of specified crimes. This bill would authorize the court, if a person is convicted of an act of theft in which the item stolen is diesel fuel on agricultural property, to suspend, for not more than 6 months, the person's privilege to operate a motor vehicle and for each successive offense, suspend the person's privilege to operate a motor vehicle for one additional year. The bill would also authorize the court, whenever a person is convicted of an act of theft of diesel fuel from agricultural property, if the person who was convicted owns the vehicle used in furtherance of that theft, to order the motor vehicle impounded for a period of not more than 6 months. By authorizing the impoundment of vehicle, this bill would increase the duties of local officials, thereby imposing a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:SECTION 1. Section 13202.2 is added to the Vehicle Code, toSECTION 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) , (c), or (d) . (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 one hundred dollars ($100). (B) For the purposes of establishing that the value of avocados or citrus fruit under this paragraph exceeds one hundred dollars ($100), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft avocados or citrus fruit of the same variety and weight exceeded one hundred dollars ($100) 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 one hundred dollars ($100). (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 four hundred dollars ($400) 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. (3) Diesel fuel of a value exceeding one hundred dollars ($100). (e) This section shall become operative on January 1, 1997. SEC. 2. Section 23593 is added to the Vehicle Code, to read: 23593. (a) If a person is convicted of an act of theft, and the property taken is diesel fuel, or the person is convicted of a violation of Section 496 of the Penal Code, and the stolen or illegally obtained property is diesel fuel, and the person used a motor vehicle owned by him or her in furtherance of either crime, the court at the time sentence is imposed may declare that the motor vehicle is a nuisance and subject to forfeiture. (b) The court shall order that a vehicle declared a nuisance under subdivision (a) be impounded. The impounded vehicle may be forfeited upon compliance with the procedures set forth in subdivisions (e), (f), (g), (h), (i), (j), (k), (l), (o), (p), (q), (r), (t), (u), and (v) of Section 14607.6, as applicable. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard 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. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.read: 13202.2. (a) In addition to existing penalties, if a person is convicted of an act of theft in which the item stolen is diesel fuel on agricultural property, the court may do the following: (1) Suspend, for not more than six months, the person's privilege to operate a motor vehicle. (2) For each successive offense, suspend the person's privilege to operate a motor vehicle for one additional year. (b) (1) In lieu of suspending a person's driving privilege pursuant to subdivision (a), the court may order the privilege to operate a motor vehicle restricted to necessary travel to and from that person's place of employment or school for six months. If driving a motor vehicle is necessary to perform the duties of the person's employment, the court may restrict the driving privilege to allow driving in that person's scope of employment. (2) In lieu of suspending a person's driving privilege pursuant to subdivision (a), the court may order the privilege to operate a motor vehicle restricted to necessary travel in situations involving a medical emergency. SEC. 2. Section 23593 is added to the Vehicle Code, to read: 23593. Whenever a person is convicted of an act of theft of diesel fuel from agricultural property and uses a motor vehicle owned by him or her in furtherance of that theft, who was convicted, the court at the time the sentence is imposed may order the motor vehicle impounded for a period of not more than six months. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.