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AB-2724 Metal theft: local fines.(2007-2008)

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AB2724:v97#DOCUMENT

Amended  IN  Senate  May 23, 2008
Amended  IN  Assembly  April 28, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2724

Introduced  by  Assembly Member Benoit
 (Coauthor(s): Assembly Member La Malfa, Maze, Parra, Sharon Runner)
 (Coauthor(s): Senator Cox)

February 22, 2008

An act to add Section 489.1 to the Penal Code, relating to metal theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 2724, as amended, Benoit. Metal theft: local fines.
Existing law establishes the offense of grand theft.
This bill would provide that a person convicted of grand theft involving any wire, cable, copper, lead, solder, mercury, iron, or brass of a kind ordinarily used by, or that ordinarily belongs to, a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, county, city and county, or other political subdivision of this state engaged in furnishing public utility service, or farm, ranch, industrial facility, or other commercial or residential building, shall, in addition to any punishment for that conviction, be subject to a fine of $100 for a first offense, or $200 for a 2nd or subsequent offense. This bill would require these fines to be deposited in the general fund of the jurisdiction that brought the prosecution, and used for metal theft enforcement efforts by that jurisdiction.
By enhancing penalties for an existing crime, and by requiring the collection and accounting of fines by local government, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 489.1 is added to the Penal Code, to read:

489.1.
 Any person who is convicted of a violation of Section 487 involving the theft of any wire, cable, copper, lead, solder, mercury, iron, or brass of a kind ordinarily used by, or that ordinarily belongs to, a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, city, county, city and county, or other political subdivision of this state engaged in furnishing public utility service, or farm, ranch, industrial facility, or other commercial or residential building, shall, in addition to any punishment for that conviction, be subject to a fine of one hundred dollars ($100) for a first offense, or two hundred dollars ($200) for a second or subsequent offense. Notwithstanding Sections 1463 and 1464, the any other provision of law, no state or county penalty, assessment, fee, or surcharge shall be imposed on the fine ordered under this section. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be paid. The fines collected pursuant to this subdivision section shall be deposited in the general fund of the jurisdiction that brought the prosecution, and used for metal theft enforcement efforts by that jurisdiction.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.