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 ----------------------------------------------------------------- |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 | ----------------------------------------------------------------- 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; SB 703 Page 2 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 SB 703 Page 3 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