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AB-374 Central Valley Rural Crime Prevention Program.(2001-2002)



Current Version: 09/20/02 - Chaptered

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AB374:v88#DOCUMENT

Assembly Bill No. 374
CHAPTER 719

An act to amend Sections 14170, 14171, and 14175 of, to amend the heading of Title 11.5 (commencing with Section 14170) of Part 4 of, and to add Section 14174.3 to, the Penal Code, relating to crime prevention, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 20, 2002. Approved by Governor  September 20, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 374, Matthews. Central Valley Rural Crime Prevention Program.
Existing law authorizes specified counties to develop Rural Crime Prevention Programs to address the problems of agricultural and rural crime. Existing law also requires the creation, by participating counties, of the Rural Crime Task Force, as specified, to perform specific functions, including developing rural crime prevention programs, as specified. Under existing law, these provisions are scheduled to become inoperative on July 1, 2002, and to be repealed on January 1, 2003.
This bill would extend the operation of these provisions to July 1, 2005, and provide for their repeal, instead, on January 1, 2006, and rename the programs “Central Valley Rural Crime Prevention Programs.” This bill would require the Central Valley Rural Crime Task Force to develop a uniform procedure for all participating counties to collect, and would require each county to collect, data on agricultural crimes by June 30, 2003. The bill would also require the task force to establish a central database for the collection and maintenance of data on agricultural crimes and designate one participating county to maintain the database by June 30, 2003.
This bill would provide that funds appropriated for rural crime prevention programs, as specified, shall be allocated based on counties’ compliance with specified requirements.
This bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 The heading of Title 11.5 (commencing with Section 14170) of Part 4 of the Penal Code is amended to read:

TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM

SEC. 2.

 Section 14170 of the Penal Code is amended to read:

14170.
 (a) It is the intent of the Legislature in enacting this measure to enhance crime prevention efforts by establishing a pilot program to strengthen the ability of law enforcement agencies in rural areas to detect and monitor agricultural- and rural-based crimes.
(b) The County of Tulare has developed the Rural Crime Demonstration Project administered by the Tulare County District Attorney’s office under a joint powers agreement with the Tulare County Sheriff’s office entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
The parties to that agreement formed a task force to include the office of the Tulare County Agricultural Commissioner. The task force is an interactive team working together to develop problem solving and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force conducts joint operations in order to facilitate investigative coordination. The task force consults with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of the task force. Media and community support have been solicited to promote the task force.
The Rural Crime Demonstration Project has proven its cost effectiveness. It is appropriate that the project be expanded into a program that will allow the County of Tulare to continue to operate the task force formed under the above described joint powers agreement, and to permit the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, and Stanislaus to establish their own programs, pursuant to the provisions of this title, and to collectively establish a task force for the prevention of rural crime in those counties.
(c) The Legislature finds and declares that California has experienced an escalation in agricultural crimes in general, both property and personal, and that there has been no concentrated effort applied to the prevention of crimes against the agricultural industry. Currently, no national or state agency keeps track of statistics on agricultural and rural crime. According to media reports, this state lost millions of dollars worth of crops, livestock, and equipment in 1994 and 1995. A majority of these crimes occurred in agricultural-based counties. However, there has been no effort on the part of any state or local agency to accurately record these types of crimes.
The Legislature further finds and declares that there are no state or local law enforcement agencies in this state with programs that are specially designed to detect or monitor agricultural- and rural-based criminal activities. In addition, local law enforcement agencies do not possess the jurisdictional authority, investigative facilities, or data systems to coordinate a comprehensive approach to the state’s agricultural and rural crime problem.
The Legislature additionally finds and declares that the proliferation of agricultural and rural crime in the various rural counties of this state is a threat to the vitality of our rich agrarian tradition. Agricultural and rural crime, if left unchecked, endangers an entire industry that is vital to America’s continued economic role in the world, and therefore requires a proactive response from the Legislature. The intent of the Legislature in authorizing the Central Valley Rural Crime Prevention Program pursuant to this act is to provide for the protection and safety of the state’s agriculture industry by creating statewide standards and methods of detecting and tracking agrarian and rural crime.

SEC. 3.

 Section 14171 of the Penal Code is amended to read:

14171.
 (a) Each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare may develop within its respective jurisdiction a Central Valley Rural Crime Prevention Program, which shall be administered by the county district attorney’s office of each respective county under a joint powers agreement with the corresponding county sheriff’s office entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b) The parties to each agreement shall form a regional task force that shall be known as the Central Valley Rural Crime Task Force, that includes the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force shall operate from a joint facility in order to facilitate investigative coordination. The task force shall also consult with experts from the United States military, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations as deemed necessary to maximize the effectiveness of this program. Media and community support shall be solicited to promote this program. Each of the designated counties shall adopt rules and regulations for the implementation and administration of this program.
(1) In order to receive funds for this program, each designated county shall agree to participate in a regional task force, to be known as the Central Valley Rural Crime Task Force, and shall appoint a representative to that task force.
(2) The Central Valley Rural Crime Task Force shall develop rural crime prevention programs containing a system for reporting rural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force shall develop computer software and use communication technology to implement the reporting system, although the task force is not limited to the use of these means to achieve the stated goals.
(3) The Central Valley Rural Crime Task Force shall develop a uniform procedure for all participating counties to collect, and each participating county shall collect, data on agricultural crimes. The task force shall also establish a central database for the collection and maintenance of data on agricultural crimes and designate one participating county to maintain the database. State funds the counties receive to operate their rural crime prevention programs may be used to implement the requirements of this paragraph. Participating counties shall comply with this paragraph’s requirements by June 30, 2003. This paragraph does not prohibit counties from using their own funds to implement the paragraph’s provisions, however, it is the Legislature’s intent that this paragraph shall not be construed as creating a state-mandated local program.
(c) The staff for each program shall consist of the personnel designated by the district attorney and sheriff for each county in accordance with the joint powers agreement.

SEC. 4.

 Section 14174.3 is added to the Penal Code, to read:

14174.3.
 Funds appropriated for the purposes of this title shall be allocated based on the counties’ compliance with paragraph (3) of subdivision (b) of Section 14171.

SEC. 5.

 Section 14175 of the Penal Code is amended to read:

14175.
 This title shall become inoperative on July 1, 2005, and is repealed as of January 1, 2006, unless a later enacted statute, which is enacted before January 1, 2006, deletes or extends that date.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect and maintain the strength of the state’s rural economy at the earliest possible time, it is necessary that this act take effect immediately.