BILL ANALYSIS
SB 703
Page 1
SENATE THIRD READING
SB 703 (Florez)
As Amended August 18, 2004
Majority vote
SENATE VOTE :34-2
PUBLIC SAFETY 4-0 APPROPRIATIONS 19-0
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|Ayes:|Leno, Dymally, Spitzer, |Ayes:|Chu, Runner, Bates, Berg, |
| |Firebaugh | |Laird, Corbett, Correa, |
| | | |Daucher, Goldberg, |
| | | |Haynes, Keene, Leno, |
| | | |Nation, |
| | | |Negrete McLeod, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
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SUMMARY : Increases the penalties for theft of diesel fuel from
agricultural property. Specifically, this bill makes the theft
of diesel fuel from agricultural property of a value exceeding
$100 a grand theft, an alternate felony/misdemeanor punishable
by imprisonment in the state prison for 16 months, 2 or 3 years
or in the county jail not exceeding one year.
EXISTING LAW :
1)States that every person who takes steals or drives away the
personal property of another is guilty of theft.
2)Provides that when the value of the property taken is over
$400, the taking constitutes grand theft.
3)States that notwithstanding the value, grand theft is
committed in the following cases:
a) When domestic fowls, avocados, olives, citrus and other
specified farm crops of a value exceeding $100 are taken;
b) When fish, shellfish, mollusks, crustaceans, kelp, algae
or other aquacultural products are taken from a commercial
or research operation, of a value exceeding $100;
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c) When the money, labor real or personal property is taken
by a servant, agent or employee from his or her principal
and aggregates $400 or more in any 12 month period;
d) When the property is taken from the person of another;
e) When the property taken is any of the following:
i) An automobile, horse, mare, gelding, any bovine
animal, any caprine animal, mule, jack, jenny, sheep,
lamb, hog, sow, boar, gilt, barrow, or pig; or,
ii) A firearm.
f) When the property taken is the carcass of specified
animals, which was misappropriated or killed without the
consent of the owner;
g) Conversion of real estate of the value of $100 or more
into personal property by severance from the realty of
another person; and,
h) Taking or stealing of a dog of another person of a value
exceeding $400.
4)Provides that all other theft is petty theft.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, "unknown annual General Fund (GF) costs for increased
state prison commitments, likely in excess of $150,000. About
3,500 persons were sentenced to state prison for grand theft in
2002-03; an increase of just 0.25% would result in annual GF
costs in excess of $250,000."
COMMENTS : According to the author, "This bill increases the
penalties for the theft of diesel fuel from agricultural
operations.
"According to the California Farm Bureau Federation, fuel theft
in the San Joaquin Valley has quadrupled over the past year.
Statistics from the Agricultural Crime Technology Information
and Operations Network show that in an eight-county radius
including Madera, Merced, San Joaquin, Stanislaus, Fresno, Kern
and Kings Counties, the amount of diesel fuel theft has gone up
from 33,380 gallons in 2003 to 41,065 gallons between January
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and April 2004. The overall number of thefts reported has risen
from 26 in the entire 2003 calendar year to 47 in just the first
four months of this year. The network has already recorded over
$82,000 worth of diesel fuel stolen in2004, a 100 percent
increase over last year.
"The Kern County Sheriff's Department has stated that the recent
rise in diesel fuel prices is one of many factors causing the
increase in farm diesel thefts. Stolen diesel from farms is
resold to truckers on the black market for a cheaper price,
costing farmers tens of thousands of dollars each year."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0008160