Today's Law As Amended


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



As Amends the Law Today


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 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 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 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.