Bill Text: CA AB2805 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Cargo theft: working group.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Vetoed) 2016-09-21 - Vetoed by Governor. [AB2805 Detail]

Download: California-2015-AB2805-Amended.html

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BILL NUMBER: AB 2805	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Olsen
   (Coauthor: Assembly Member Gray)
   (Coauthor: Senator Cannella)

                        FEBRUARY 19, 2016

   An act to add Title 11.8 (commencing with Section 14190) to Part 4
of the Penal Code, relating to cargo theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2805, as amended, Olsen. Cargo theft: prevention program.
   Existing law establishes the Motor Carriers Safety Improvement
Fund and provides that the fund is available for appropriation by the
Legislature to cover the costs for the Department of the California
Highway Patrol to deter commercial motor vehicle cargo thefts and
provide security of highway carriers and cargoes throughout the
state. 
   This bill would permit specified counties to enter into an
agreement to form the California Agriculture Cargo Theft Crime
Prevention Program, which the bill would require to be jointly
administered by the county sheriff's department of each participating
county under a joint powers agreement.  
   The bill would require the parties to the agreement to form a task
force known as the California Agriculture Cargo Theft Crime
Prevention Task Force. The bill would require the task force to be an
interactive team working together to develop crime prevention,
problem solving, and crime control techniques, to encourage timely
reporting of crimes, and to evaluate the results of these activities.
The bill would permit the task force to operate from a joint
facility in order to facilitate investigative coordination. The bill
would allow the task force to develop a uniform procedure for all
participating counties to collect data on agricultural cargo theft
crimes.  
   This bill would state the intent of the Legislature to enhance
crime prevention efforts by establishing a pilot program to
strengthen the ability of law enforcement agencies in California to
detect and monitor cargo theft crimes, and to authorize a cargo theft
crime prevention program that provides for the protection and safety
of California businesses and citizens by creating statewide
standards and methods of detecting and tracking cargo theft crime.

   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.  Title 11.8 (commencing with Section 14190) is added to
Part 4 of the Penal Code, to read:

      TITLE 11.8.   California Agriculture  Cargo Theft
Crime Prevention Program


   14190.  (a) It is the intent of the Legislature in enacting this
title to enhance crime prevention efforts by establishing a pilot
program to strengthen the ability of law enforcement agencies in
California to detect and monitor cargo theft crimes.
   (b) The Legislature finds and declares all of the following:
   (1) California has experienced an escalation in cargo theft crimes
and there has been no concentrated effort applied to the prevention
of cargo theft crimes.
   (2) According to media reports, the state loses five million
dollars ($5,000,000) to six million dollars ($6,000,000) per day in
cargo theft. These crimes impact all sectors of California's economy,
including agriculture, retail, and technology.
   (3) Local law enforcement agencies do not possess the
jurisdictional authority, investigative facilities, or data systems
to coordinate a comprehensive approach to the state's cargo theft
crime problem.
   (4) The proliferation of cargo theft crimes in the state is a
threat to the vitality of our economy. Cargo theft crime, if left
unchecked, endangers multiple industries that are vital to America's
continued economic role in the world, and therefore requires a
proactive response from the Legislature.
   (c) It is further the intent of the Legislature to authorize a
cargo theft crime prevention program in this title that provides for
the protection and safety of California businesses and citizens by
creating statewide standards and methods of detecting and tracking
cargo theft crime. 
   14191.  (a) All or any of the counties of Butte, Colusa, Fresno,
Glenn, Kern, Kings, Los Angeles, Madera, Merced, Sacramento, San
Benito, San Joaquin, Stanislaus, Sutter, Tehama, Tulare, Yolo, and
Yuba, may enter into an agreement to form the California Agriculture
Cargo Theft Crime Prevention Program, which shall be jointly
administered by the county sheriff's department of each participating
county under a joint powers agreement entered into pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code.
   (b) The parties to the agreement shall form a task force, known as
the California Agriculture Cargo Theft Crime Prevention Task Force,
that may include the respective county offices of the agricultural
commissioner, the district attorney, and the sheriff of each
respective member county, and interested property owner groups or
associations. The task force shall be an interactive team working
together to develop crime prevention, problem solving, and crime
control techniques, to encourage timely reporting of crimes, and to
evaluate the results of these activities. The task force may operate
from a joint facility in order to facilitate investigative
coordination. The task force may also consult with experts from the
United States military, the Military Department, the Department of
Justice, other law enforcement entities, and various other state and
private organizations as deemed necessary to maximize the
effectiveness of the program. Media and community support may be
solicited to promote the program. Each of the participating counties
shall adopt rules and regulations for the implementation and
administration of the program.
   (c) The California Agriculture Cargo Theft Crime Prevention
Program may develop cargo theft crime prevention programs containing
a system for reporting cargo theft crimes that enable the swift
recovery of stolen goods and the apprehension of criminal suspects
for prosecution. The task force may develop computer software and use
communication technology to implement the reporting system, although
the task force is not limited to the use of these means to achieve
the stated goals.
   (d) The California Agriculture Cargo Theft Crime Prevention Task
Force may develop a uniform procedure for all participating counties
to collect, and each participating county may collect, data on
agricultural cargo theft crimes. The task force may also establish a
central database for the collection and maintenance of data on
agricultural cargo theft crimes and designate one participating
county to maintain the database.