BILL NUMBER: SB 1325AMENDED BILL TEXT AMENDED IN SENATE APRIL 12, 2010 INTRODUCED BY Senator Harman (Coauthor: Assembly Member Conway) FEBRUARY 19, 2010 An act to add Section 502.10 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST SB 1325, as amended, Harman. Crimes: theft: agricultural commodities and equipment. 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$100$250 . Existing law provides that grand theft is punishable in these cases by imprisonment in a county jail not exceeding one year or in the state prison. Existing law specifies how fines and forfeitures imposed and collected for crimes are to be distributed. This bill would require certain fines for a 2nd and 3rd felony conviction for theft of agricultural commodities or equipment, as defined, in addition to the punishment provided for grand theft or in any other provision of law . The bill wouldauthorize a county, as provided, to allocate up to 50% of those fines to the chief law enforcement officer of that county for allocation to the investigation and prosecution of agricultural crimesrequire those fines to be collected and distributed in accordance with certain provisions of law . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 502.10 is added to the Penal Code, to read: 502.10. (a) For purposes of this section, the following terms have the following meanings: (1) "Agricultural commodity" means any fruit, nut, citrus, field, forage, nursery crop, or other farm crop, or apiary, livestock, or poultry. (2) "Agricultural equipment" means any equipment used in agricultural production, including, but not limited to, an implement of husbandry, as defined in Sections 36000, 36005, and 36015 of the Vehicle Code, a farm trailer, as defined in Section 36010 of the Vehicle Code, an automatic bale wagon, as defined in Section 36011 of the Vehicle Code, a cotton module mover, as defined in Section 36012 of the Vehicle Code, and a trap wagon, as defined in Section 36016 of the Vehicle Code, and any part of that equipment used in agricultural production. (3) "Person" means any individual, or any partnership, firm, association, corporation, limited liability company, or other legal entity. (b) Upon the second felony conviction for theft of agricultural commodities or equipment, a person shall be punished by a mandatory fine of five thousand dollars ($5,000) in addition to the punishment provided for in Section 489 or any other provision of law . (c) Upon the third felony conviction for theft of agricultural commodities or equipment, a person shall be punished by a mandatory fine of ten thousand dollars ($10,000) in addition to the punishment provided for in Section 489 or any other provision of law . (d) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.001.However, a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding, 50 percent of those fines to the chief law enforcement officer of that county for allocation to the investigation and prosecution of agricultural crimes.