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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY MARCH 30, 2011

INTRODUCED BY Assembly Member Carter

FEBRUARY 9, 2011

An act to amend Sections 2805 and 2810 of the Vehicle
Code, relating to vehicles.
An act to amend Section
487 of the Penal Code, relating to theft.



LEGISLATIVE COUNSEL'S DIGEST


AB 316, as amended, Carter. Vehicles: theft inspection.
Grand theft: copper materials.
Existing law generally provides that grand theft is theft when the
money, labor, or real or personal property taken is of a value
exceeding $950. Existing law makes the amount threshold of the theft
of certain items $250, including theft of farm crops and specified
agricultural products.

This bill would provide that grand theft also includes the theft
of copper materials exceeding a value of $250. Because the bill would
change the definition of a crime, it would impose a state-mandated
local program.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this
act for a specified reason.

(1) Existing law authorizes, for the purpose of locating stolen
vehicles, any member of the California Highway Patrol, or a member of
a city police department, a county sheriff's office, or a district
attorney investigator whose primary responsibility is to conduct
vehicle theft investigations, to inspect any vehicle of a type
required to be registered under the Vehicle Code, or any identifiable
vehicle component thereof, and implements of husbandry, special
construction equipment, forklifts, and special mobile equipment on a
highway or in any public garage, or at any agricultural or
construction work location where work is being actively performed,
and other specified locations, as specified.

This bill would additionally authorize the above-designated law
enforcement officers to conduct agricultural or construction vehicle
theft investigations.

(2) Existing law authorizes the Department of the California
Highway Patrol to stop a vehicle transporting timber products,
livestock, poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease and inspect certain documents to determine
whether the driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in legal
possession, to take custody of the vehicle and load, as prescribed,
and imposes duties on the sheriff with respect to the care and
safekeeping of those products.

This bill would make those provisions applicable with regard to a
vehicle that is transporting metal products or metal alloy products.
By imposing additional duties on a sheriff regarding the care and
safekeeping of metal products and metal alloy products, this bill
would impose a state-mandated local program.

The bill additionally would authorize a member of a city police
department and a member of a county sheriff's office, whose primary
responsibility is to conduct theft investigations, to stop and
inspect vehicles transporting any of those loads.

(3)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 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) When copper materials are taken, including, but not limited
to, copper wire, copper cable, copper tubing, and copper piping, of a
value exceeding two hundred fifty dollars ($250).

(3)

(4) 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. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.

SECTION 1.
Section 2805 of the Vehicle Code is
amended to read:
2805. (a) (1) For the purpose of locating stolen vehicles, (A)
any member of the Department of the California Highway Patrol, or (B)
a member of a city police department, a member of a county sheriff's
office, or a district attorney investigator whose primary
responsibility is to conduct vehicle theft investigations or conduct
agricultural or construction vehicle theft investigations, may
inspect a vehicle of a type required to be registered under this
code, or any identifiable vehicle component thereof, on a highway or
in a public garage, repair shop, terminal, parking lot, new or used
car lot, automobile dismantler's lot, vehicle shredding facility,
vehicle leasing or rental lot, vehicle equipment rental yard, vehicle
salvage pool, or other similar establishment, or at an agricultural
or construction work location where work is being actively performed,
and may inspect the title or registration of vehicles, in order to
establish the rightful ownership or possession of the vehicle or
identifiable vehicle component.
(2) As used in this subdivision, "identifiable vehicle component"
means a component that can be distinguished from other similar
components by a serial number or other unique distinguishing number,
sign, or symbol.
(b) A member of the Department of the California Highway Patrol,
or a member of a city police department or county sheriff's office,
or a district attorney investigator whose primary responsibility is
to conduct vehicle theft investigations or conduct agricultural or
construction vehicle theft investigations, may also inspect, for the
purposes specified in subdivision (a), implements of husbandry,
special construction equipment, forklifts, and special mobile
equipment in the places described in subdivision (a) or when that
vehicle is incidentally operated or transported upon a highway.
(c) Whenever possible, inspections conducted pursuant to
subdivision (a) or (b) shall be conducted at a time and in a manner
so as to minimize any interference with, or delay of, business
operations.

SEC. 2.
Section 2810 of the Vehicle Code is
amended to read:
2810. (a) A member of the Department of the California Highway
Patrol, or a member of a city police department or a county sheriff's
office whose primary responsibility is to conduct theft
investigations, may stop any vehicle transporting any timber
products, livestock, poultry, farm produce, crude oil, petroleum
products, metal products, metal alloy products, or inedible kitchen
grease, and inspect the bills of lading, shipping or delivery papers,
or other evidence to determine whether the driver is in legal
possession of the load, and, upon reasonable belief that the driver
of the vehicle is not in legal possession, shall take custody of the
vehicle and load and turn them over to the custody of the sheriff of
the county in which the timber products, livestock, poultry, farm
produce, crude oil, petroleum products, metal products, metal alloy
products, or inedible kitchen grease, or any part thereof, is
apprehended.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products, metal products, metal
alloy products, or inedible kitchen grease, or any part thereof, and
immediately, in cooperation with the department, proceed with an
investigation and its legal disposition.
(c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.

SEC. 3.
If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.