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
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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  








                                                                  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 




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