BILL NUMBER: AB 960 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 13, 2001
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE AUGUST 20, 2001
AMENDED IN SENATE JULY 10, 2001
AMENDED IN ASSEMBLY MAY 31, 2001
INTRODUCED BY Assembly Member Keeley
(Coauthor: Assembly Member Cardoza)
FEBRUARY 23, 2001
An act to add Section 13823.21 to the Penal Code, relating to
crime prevention, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 960, Keeley. Crime prevention: environmental prosecution
project.
Under existing law, various programs are established in the Office
of Criminal Justice Planning (OCJP) and administered by that office.
This bill would require OCJP to establish the Environmental
Circuit Prosecutor Project, the purpose of which would be to promote,
through uniform and effective prosecution and local assistance,
particularly in rural counties, the effective enforcement of
environmental laws and regulations, as specified.
The bill would appropriate $300,000 from the General Fund to the
Office of Criminal Justice Planning for the purpose of funding this
project as well as administering, and performing a complete
evaluation of, the project.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares the
following:
(a) In 1998, the California Environmental Protection Agency,
California District Attorneys Association, and the Legislature
created the Environmental Circuit Prosecutor Project.
(b) The purpose of the pilot project was to ensure that
environmental laws are effectively and uniformly prosecuted
statewide.
(c) The Environmental Circuit Prosecutor Project, although
established to provide direct assistance to small rural counties, is
a resource for all counties.
(d) Although environmental cases do not comprise a large portion
of criminal cases, they require specialized knowledge and can be time
and resource consuming.
(e) In more urban areas, where county district attorney offices
have an existing environmental law division, the environmental
circuit prosecutors are a resource for ideas, information, and
assistance.
(f) Many smaller, more rural counties, while home to some of
California's most significant natural resources, are also, due to the
rural nature of the area, subject to hazardous waste dumping and
other environmental abuses. Unfortunately, many of these counties
lack sufficient resources and staff expertise to ensure that
environmental laws are adequately enforced.
(g) The Environmental Circuit Prosecutor Project provides
assistance to smaller rural district attorneys, ranging from
information to hands-on participation in cases.
(h) The Environmental Circuit Prosecutor Project cases include,
but are not limited to, cases involving air pollution, water
pollution, hazardous waste, fisheries, and hunting and wildlife
violations.
(i) The Environmental Circuit Prosecutor Project has been a
success. In its first three years, circuit prosecutors opened over
500 cases and obtained nearly four million dollars ($4,000,000) in
fines, penalties, and associated costs. In 2000 alone, circuit
prosecutors opened 280 cases and obtained one million six hundred
fifty thousand dollars ($1,650,000) in fines, penalties, and costs.
(j) Prosecuting these environmental cases protects the public and
the environment, particularly air and water quality, throughout the
state.
(k) It is, therefore, altogether fitting and proper, and within
the public interest, for the State of California, under the aegis of
the Office of Criminal Justice Planning, to contract with an
appropriate nonprofit organization for the purpose of continuing the
Environmental Circuit Prosecutor Project, thereby ensuring that
environmental law violations are prosecuted in a uniform and
effective manner.
SEC. 2. Section 13823.21 is added to the Penal Code, to read:
13823.21. (a) (1) The Office of Criminal Justice Planning shall
establish the Environmental Circuit Prosecutor Project.
(2) The Office of Criminal Justice Planning shall contract with a
private nonprofit organization comprised of local prosecutors, and
funds for the project shall be allocated to that nonprofit
organization, for the purpose of providing for the day-to-day
operations of the program.
(b) The purpose of the circuit prosecutor is to assist district
attorneys, particularly in rural counties, in the prosecution of
criminal violations of air and water pollution and other
environmental laws and regulations, where a district attorney has
requested assistance.
(c) (1) The Environmental Circuit Prosecutor Project shall
promote, through uniform and effective prosecution and local
assistance, the effective enforcement of environmental laws and
regulations.
(2) Circuit prosecutors shall also advance the uniform and
effective prosecution of environmental crime by providing education
and training to local peace officers, prosecutors, and local and
state environmental protection agencies and organizations.
(d) (1) Circuit prosecutor project employees may be either
employees of a nonprofit organization selected pursuant to
subdivision (a), or employees on loan to that nonprofit organization
from local or state governmental agencies.
(2) The district attorney shall, as appropriate, deputize a
circuit prosecutor to handle a prosecution within the county.
(e) (1) Participating district attorney offices shall provide
matching funds or in-kind contributions equivalent to, but not less
than, 25 percent of the expense of the deputized environmental
circuit prosecutors.
(2) In the event that the participating district attorney is not
able to provide sufficient matching funds or in-kind contributions,
the nonprofit selected pursuant to subdivision (a) may provide
funding on behalf of that district attorney.
(3) The matching funds or in-kind contributions shall come from
entities other than the state.
SEC. 3. The sum of three hundred thousand dollars ($300,000) is
appropriated from the General Fund to the Office of Criminal Justice
Planning for allocation to the private nonprofit organization
comprised of local prosecutors for support of the Environmental
Circuit Prosecutor Project, pursuant to Section 13823.1 of the Penal
Code.
(b) Up to 3 percent of the amount appropriated pursuant to this
section shall be transferred, upon the approval of the Director of
Finance, to the Office of Criminal Justice Planning to administer,
and complete an evaluation of, the program described in this section.