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

California Assembly Bill 2805 (Prior Session Legislation)

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

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

BILL NUMBER: AB 2805	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN SENATE  AUGUST 4, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Olsen
   (Coauthors: Assembly Members Gray, Grove, Lackey, and Mathis)
   (Coauthors: Senators Berryhill and 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: working group.
   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 create the California Agriculture Cargo Theft
Prevention Working Group, to be coordinated by the Department of the
California Highway Patrol, and to consist of volunteer members from
the county offices of the agricultural commissioner, the interested
district attorney, the interested sheriff, and the agricultural
industry stakeholders of each participating county. The bill would
require the working group to address issues, including, but not
limited to, agriculture cargo theft, problem solving, and theft
control techniques. The bill would allow the working group to develop
cargo theft prevention programs, including a system for reporting
agriculture cargo theft in a timely manner and a uniform procedure
for all participating counties to collect data on agriculture cargo
theft.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) It is the intent of the Legislature
in enacting this act to enhance crime prevention efforts by
establishing a working group to strengthen the ability of law
enforcement agencies in California to detect and monitor agriculture
cargo theft crimes.  
   (b) The Legislature finds and declares all of the following: 

   (1) California has experienced an escalation in cargo theft
crimes.  
   (2) In 2015, agriculture cargo theft of nut products totaled more
than four billion dollars ($4,000,000,000), which is an increase of
more than 85 percent over 2014.  
   (3) The California Highway Patrol is the statewide coordinator for
combating cargo-related theft.  
   (4) 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
problem.  
   (5) The proliferation of agriculture cargo theft in the state is a
threat to the vitality of our economy. Agriculture cargo theft, if
left unchecked, endangers an industry that is 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 an
Agriculture Cargo Theft Prevention Working Group in this act to
provide for coordination and communication between state and local
law enforcement agencies and agricultural industry stakeholders.

   SECTION 1.   SEC. 2.   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 Prevention
Working Group


   14190.  (a) It is the intent of the Legislature in enacting this
title to enhance crime prevention efforts by establishing a working
group to strengthen the ability of law enforcement agencies in
California to detect and monitor agriculture cargo theft crimes.
   (b) The Legislature finds and declares all of the following:
   (1) California has experienced an escalation in cargo theft
crimes.
   (2) In 2015, agriculture cargo theft of nut products totaled more
than four billion dollars ($4,000,000,000), which is an increase of
more than 85 percent over 2014.
   (3) The California Highway Patrol is the statewide coordinator for
combating cargo-related theft.
   (4) 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
problem.
   (5) The proliferation of agriculture cargo theft in the state is a
threat to the vitality of our economy. Agriculture cargo theft, if
left unchecked, endangers an industry that is 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 an
Agriculture Cargo Theft Prevention Working Group in this title to
provide for coordination and communication between state and local
law enforcement agencies and agricultural industry stakeholders.

    14191.   14190.   (a) The California
Agriculture Cargo Theft Prevention Working Group shall be coordinated
by the Department of the California Highway Patrol and may consist
of volunteer members from the county offices of the agricultural
commissioner, the interested district attorney, the interested
sheriff, and the agricultural industry stakeholders of each
participating county. The working group shall address issues,
including, but not limited to, agriculture cargo theft prevention,
problem solving, and theft control techniques.
   (b) The California Agriculture Cargo Theft Prevention Working
Group may consult with experts, including, but not limited to, the
Armed Forces of the United States, the Military Department, the
Department of Justice, other law enforcement entities, and other
state and private organizations in order to maximize the
effectiveness of the working group.
   (c) The California Agriculture Cargo Theft Prevention Working
Group may develop cargo theft prevention programs, including a system
for reporting agriculture cargo theft in a timely manner that
enables the swift recovery of stolen goods and the apprehension of
those responsible for the thefts.
   (d) The California Agriculture Cargo Theft Prevention Working
Group may develop a uniform procedure for all participating counties
to collect, and each participating county may collect, data on
agriculture cargo theft in order to evaluate the results of the
working group's activities pursuant to this title.