Archaeological resources: restitution.

(1) Existing law prohibits a person from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological, or historical feature, situated on public lands, as defined. A violation of this prohibition is a misdemeanor, punishable by up to 6 months in county jail. This bill would, instead, make that violation punishable by a fine not exceeding $10,000, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment, thereby imposing a state-mandated local program by increasing the term of imprisonment for such a violation. The bill would require a court to order restitution to the state agency, conservancy, or other instrumentality of the state that has primary management authority over the public lands where the violation occurred or to the city, county, district, or other local agency owning or having jurisdiction over the public lands where the violation occurred. The bill would establish procedures for determining the commercial and archaeological value of those resources and the cost of restoration and repair. The bill would continuously appropriate the restitution funds received under these provisions by a state agency for expenditure only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill would require the restitution funds received by a local agency to be expended by that local agency only for the costs of restoring and repairing the archaeological resources that are the subject of the violation. The bill would also require the forfeiture of the archaeological resources that were the subject of the violation and authorize the forfeiture of the vehicles and equipment used in connection with the violation. (2) 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.