BILL NUMBER: SB 703 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2004
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 BY Senator Florez
(Principal coauthor: Assembly Member Matthews)
FEBRUARY 21, 2003
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. Crimes: 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 is taken from agricultural property . 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.
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.
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 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 from agricultural property 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.
SEC. 2. 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.