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AB-4229 Littering punishment.(1989-1990)

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AB4229:v93#DOCUMENT

Assembly Bill No. 4229
CHAPTER 982

An act to amend Section 42001.7 of the Vehicle Code, relating to littering.

[ Filed with Secretary of State  September 18, 1990. Approved by Governor  September 17, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 4229, Quackenbush. Littering punishment.
Existing law prohibits specified acts of littering on highways and highway rights-of-way, and prescribes mandatory fines for the violations of those prohibitions.
Existing law authorizes the court to require, as a condition of probation, in addition to any other condition of probation and the mandatory fine imposed upon a conviction, that any person convicted pursuant to these provisions pick up litter, as specified, for not less than 8 hours.
This bill would impose a state-mandated local program by requiring the court to order, with regard to a person convicted pursuant to these provisions, and in addition to the fines imposed pursuant to these provisions, that person to pick up litter or clean up graffiti, as specified, for 8, 16, or 24 hours for the 1st, 2nd, or 3rd or subsequent, conviction for violations of these provisions.
This bill would also provide that in no case is the court authorized to order imprisonment in the county jail for a violation punishable pursuant to these provisions.
This bill would declare legislative intent that persons convicted of highway littering be required to bear the penalty for their actions and would prohibit the court from suspending the mandatory fines required by these provisions, except as specified, in unusual cases where the interest of justice would best be served by suspension of the fine.
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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.

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


SECTION 1.

 Section 42001.7 of the Vehicle Code is amended to read:

42001.7.
 (a)  Every person convicted of a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction.
In no case may the court order imprisonment in the county jail for a violation punishable under this subdivision, unless imprisonment is ordered pursuant to Section 166 of the Penal Code.
(b)  The court shall, in addition to the fines imposed pursuant to subdivision (a), order the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court as follows:
(1)  For a first conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than eight hours.
(2)  For a second conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than 16 hours.
(3)  For a third or subsequent conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than 24 hours.
(c)  It is the intent of the Legislature that persons convicted of highway littering be required to bear the penalty for their actions. Therefore, the court may not suspend the mandatory fines required by subdivision (a) except in unusual cases where the interest of justice would best be served by suspension of the fine. If the court suspends imposition of any fine required by subdivision (a), it shall, as a condition of that suspension, require the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court for not less than eight hours for every one hundred dollars ($100) of fine suspended. The court may not suspend the order to pick up litter or clean up graffiti required by this subdivision or subdivision (b) except in unusual cases where the interest of justice would best be served by suspension of that order.

SEC. 2.

 No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.