Bill Text: CA SB1338 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Grand theft: farm crops.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 694, Statutes of 2010. [SB1338 Detail]

Download: California-2009-SB1338-Chaptered.html

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BILL NUMBER: SB 1338	CHAPTERED
	BILL TEXT

	CHAPTER  694
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  AUGUST 12, 2010

INTRODUCED BY   Senator Harman
   (Coauthor: Assembly Member Conway)

                        FEBRUARY 19, 2010

   An act to amend Section 487 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1338, Harman. Grand theft: farm crops.
   Existing law provides that grand theft is committed when domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops are taken of a
value exceeding $250. Existing law provides a method for establishing
the value of avocados or citrus fruit for purposes of this offense
based on wholesale value.
   This bill would provide that this same method may be used to
establish the value of the other products listed above for purposes
of determining if a taking is grand theft.
   This bill would incorporate amendments to Section 487 of the Penal
Code proposed by AB 2372, if both this bill and AB 2372 are enacted
and become effective on or before January 1, 2011, and this bill is
enacted after AB 2372.


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).
   (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 two hundred fifty dollars
($250).
   (B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value may be
shown by the presentation of credible evidence which establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) 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 two
hundred fifty dollars ($250).
   (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 nine hundred fifty dollars ($950) 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.
  SEC. 1.5.  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 nine hundred fifty dollars ($950), except as
provided in subdivision (b).
   (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 two hundred fifty dollars
($250).
   (B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value may be
shown by the presentation of credible evidence which establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) 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 two
hundred fifty dollars ($250).
   (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 nine hundred fifty dollars ($950) 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.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 487 of the Penal Code proposed by both this bill and AB 2372.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 487 of the Penal Code, and (3) this bill is enacted after AB
2372, in which case Section 1 of this bill shall not become
operative.