State legislation would increase penalties for cattle theft

Strong cattle prices have had a downside for cattle ranchers: a rise in cattle theft. New legislation introduced in the California Assembly aims to address the problem through enhanced penalties for convicted cattle rustlers.

Assembly Bill 924 was introduced this month by Assemblymember Frank Bigelow, R-O'Neals, to increase penalties for livestock theft.

"As cattle have become more valuable in recent years, we have seen the problem of theft grow significantly," said California Cattlemen's Association President Tim Koopmann, a Bay Area cow-calf producer, who said CCA hopes that "the passing of this law will make criminals think twice before stealing from hardworking livestock producers."

AB 924, if it becomes law, would provide penalty enhancements for those convicted of livestock grand theft based on the total value of the livestock stolen. For example, theft of livestock exceeding a value of $15,000 would enable a district attorney to add an additional term to a criminal sentence. The bill would also limit probation for repeat offenders and provide flexibility for a prosecutor to mandate jail time for repeat offenders to a minimum of 30 days. In addition, the bill would establish a fine to be paid to the California Department of Food and Agriculture Bureau of Livestock Identification to provide additional funding for future investigations involving livestock theft.

The increasing value of livestock has increased the rates and severity of cattle rustling. Recent cases have involved grand theft equating to nearly $40,000. In most cases, those convicted of livestock grand theft receive little to no punishment, CCA said. The association said AB 924 would provide the necessary tools for prosecutors to properly penalize persons convicted of livestock theft, especially those with previous convictions.

Tehama County Sheriff's Detective Chad Parker, whose county has seen its share of livestock thefts, said he favors AB 924.

"With the value of livestock remaining at almost all-time record highs, the livestock here is worth a lot. For the rancher affected by this crime, the loss is their livelihood, it is their commodity," Parker said.

Legislation that strengthens penalties for cattle thefts, Parker said, would be taking a step in the right direction.

"Currently, somebody that gets prosecuted for theft of livestock may only get one day in jail, or if they are booked for livestock theft, it is considered a non-violent crime and they are being immediately released," Parker said. "That is the trend of the state right now. With non-violent crimes, you get booked and released because there is no room in our existing (jail) facilities."

Parker said thieves often target calves because they are not yet branded and it is more difficult to locate the rancher who owns them. For branded animals, Parker said he believes stolen livestock are being taken out of state and sold at sales yards in states that have more relaxed branding laws and paperwork requirements.

(Christine Souza is an assistant editor of Ag Alert. She may be contacted at csouza@cfbf.com.)