California 2011-2012 Regular Session Status: In Committee

AB 2071 — Civil damages: trees.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides damages of 3 times the sum that would compensate for the actual detriment caused by wrongful injuries to, or the removal of, timber, trees, or underwood upon the land of another, unless an exception applies. Among these exceptions, if the defendant had probable cause to believe that the land on which the trespass was committed was his or her own, or the land of the person in whose service or by whose direction the act was done, existing law provides damages of twice the sum that would compensate for the actual detriment. Existing law also provides damages in a sum equal to the actual detriment if wood was taken by the authority of highway officers for specified purposes. This bill would instead provide damages of 3 times the actual damage for intentional damage to, or removal of, timber, trees, or underwood upon the land of another. For negligent damage as described above, the bill would provide actual damages. For negligent damage sustained on the land of an owner who intended to make commercial use of the damaged timber, trees, or underwood, the bill would provide damages of 2 times the actual damage. The bill would also provide actual damages for wood taken by the authority of highway officers as described above. Existing law provides that any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on specified lands without lawful authority is liable to the owner of that land, as specified, for treble the amount of damages that may be assessed in a civil action. This bill would instead hold a person liable for actual damages for the violations described above, except as provided. The bill would provide damages of 2 times the actual damage for violations that occur on the land of an owner who intended to make commercial use of the specified wood. The bill would also provide damages of 3 times the actual damage if the violation was intentional. This bill would also make technical, nonsubstantive changes to these provisions.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Re-referred to Com. on JUD.

  3. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  4. Referred to Com. on JUD.

  5. From printer. May be heard in committee March 25.

  6. Read first time. To print.

Sponsors

  • Hagman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hagman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does AB 2071 do?
Existing law provides damages of 3 times the sum that would compensate for the actual detriment caused by wrongful injuries to, or the removal of, timber, trees, or underwood upon the land of another, unless an exception applies. Among these exceptions, if the defendant had probable cause to believe that the land on which the trespass was committed was his or her own, or the land of the person in whose service or by whose direction the act was done, existing law provides damages of twice the sum that would compensate for the actual detriment. Existing law also provides damages in a sum equal to the actual detriment if wood was taken by the authority of highway officers for specified purposes. This bill would instead provide damages of 3 times the actual damage for intentional damage to, or removal of, timber, trees, or underwood upon the land of another. For negligent damage as described above, the bill would provide actual damages. For negligent damage sustained on the land of an owner who intended to make commercial use of the damaged timber, trees, or underwood, the bill would provide damages of 2 times the actual damage. The bill would also provide actual damages for wood taken by the authority of highway officers as described above. Existing law provides that any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on specified lands without lawful authority is liable to the owner of that land, as specified, for treble the amount of damages that may be assessed in a civil action. This bill would instead hold a person liable for actual damages for the violations described above, except as provided. The bill would provide damages of 2 times the actual damage for violations that occur on the land of an owner who intended to make commercial use of the specified wood. The bill would also provide damages of 3 times the actual damage if the violation was intentional. This bill would also make technical, nonsubstantive changes to these provisions.
Who sponsors AB 2071?
AB 2071 is sponsored by Hagman.
What is the current status of AB 2071?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2071?
Track AB 2071 free on One Click Politics — get push/email alerts when it moves.

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