AB 909, as amended, Gray. Metal theft and related recycling crimes.
Existing law establishes the Board of State and Community Corrections to, among other things, promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.
This bill, on and after January 1, 2015, would require the board to establish a Metal Theft Task Force Program to provide grants to applicant regional task forces for the purpose of providing local law enforcement and district attorneys with the tools necessary to successfully interdict the commission of metal theft and related metal recycling crimes. The bill, on and after January 1, 2015, would establish the Metal Theft Task Force Fund, to be administered by the board, and, upon appropriation by the Legislature, would make moneys in the fund available forbegin insert theend insert purposes of the program.
The bill would require the board to regularly review the program and report to the Governor and the Legislature, and would specify that the programbegin delete shallend delete not be implemented until the Department of Finance determines that sufficient funding has been deposited in the Metal Theft Task Force Fund to implement the program and funds have been made available upon appropriation by the Legislature.
This bill would also state findings and declarations of the Legislature relative to metal theft and the intent of the Legislature to provide local law enforcement with the tools to interdict metal theft and related metal recycling crimes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares both of the
2following:
3(a) The theft of metal is a serious problem in California. Losses
4due to metal theft are not limited to the value of the metal taken,
5but frequently include the cost of repairing or replacing the
6infrastructure, component, or item from which the metal was
7removed, which greatly exceeds the value of the metal itself.
8(b) The United States Department of Energy estimates that metal
9theft costs United States businesses approximately one billion
10dollars ($1,000,000,000) annually.
11(c) It is the intent of the Legislature in enacting this act to
12provide local law enforcement and district attorneys with the tools
13necessary to successfully interdict the commission of metal theft
14and related metal recycling crimes.
Title 11.8 (commencing with Section 14190.15) is
16added to Part 4 of the Penal Code, to read:
17
For the purposes of this title, the following terms
21have the following meanings:
22(a) “Fund” means the Metal Theft Task Force Fund.
23(b) “Board” means the Board of State and Community
24Corrections.
25(c) “Program” means the Metal Theft Task Force Program.
(a) The Metal Theft Task Force Fund is hereby
27established within the State Treasury. Transfers to the Metal Theft
28Task Force Fund shall be deposited in the Treasury, or in a state
29depository bank approved by the Treasurer. These funds shall,
30upon appropriation by the Legislature, be available for the purposes
31set forth in this title.
P3 1(b) The fund shall consist of moneys deposited into the fund
2from the federal government, industry, andbegin delete citizenend deletebegin insert privateend insert sources.
3begin insert
General Fund moneys shall not be deposited into the fund nor used
4to implement the provisions of this title.end insert
5(c) Funds provided under this program are intended to ensure
6that law enforcement is equipped with the necessary personnel
7and tools to successfully combat metal theft and related recycling
8crimes, which include, but are not limited to, all of the following
9offenses:
10(1) The theft of metals, including, but not limited to, nonferrous
11metals.
12(2) The purchase and recycling of stolen metals, including, but
13not limited to, recycled metal beverage containers, by recyclers.
14(3) The transportation of stolen metals from this state to
another
15state.
16(4) The transportation of stolen metals from another state to this
17state.
(a) The fund shall be administered by the board.
19(b) The board may adopt regulations as needed to administer
20this title.
21(c) Administration of the overall program and the evaluation
22and monitoring of all grants made pursuant to this title shall be
23performed by the board.
(a) The board shall establish the Metal Theft Task
25Force Program. Administration of the overall program and the
26evaluation and monitoring of all grants made pursuant to this title
27shall be performed by the board.
28(b) Moneys appropriated to the board for the program shall be
29expended to fund programs that enhance the capacity of local law
30enforcement and prosecutors to deter, investigate, and prosecute
31metal theft and related recycling crimes.
32(c) After deduction of the board’s actual and necessary
33administrative costs, the funds shall be expended to fund programs
34to enhance the capacity of local law
enforcement and prosecutors
35to deter, investigate, and prosecute metal theft and related recycling
36crimes.
37(d) Funds distributed under this program shall be expended for
38the exclusive purpose of deterring, investigating, and prosecuting
39metal theft and related recycling crimes.
P4 1(e) Up to 10 percent of the funds may, upon appropriation, be
2used for developing and maintaining a statewide database on metal
3theft and related recycling crimes for use in developing and
4distributing intelligence information to participating law
5enforcement agencies.
(a) The board shall develop specific guidelines and
7administrative procedures for the selection of regional task forces
8to receive funds under this program, as follows:
9(1) Each regional task force that seeks funds shall submit a
10written application to the board setting forth in detail the proposed
11use of funds.
12(2) Each regional task force shall be identified by a name that
13is appropriate to the area that it serves. In order to qualify for funds,
14a regional task force shall be comprised of local law enforcement
15and prosecutors from at least two counties.
16(3) Each task force may consult with experts from the United
17States military, the California Military Department, the Department
18of Justice, other law enforcement entities, and various other state
19and private organizations, including pertinent trade associations,
20as deemed necessary to maximize the effectiveness of this program.
21(4) Priority shall be given to regional task forces outside of the
2213 counties funded under the rural crime prevention programs
23authorized pursuant to Sections 14170 and 14180.
24(b) The guidelines shall include all of the following selection
25criteria that shall be considered by the board in awarding grant
26funds:
27(1) The number of metal theft or related recycling crime cases
28filed in the
prior year.
29(2) The number of metal theft or related recycling crime cases
30investigated in the prior year.
31(3) The number of victims involved in the cases filed.
32(4) The total aggregate monetary loss suffered by the victims,
33including damage caused by the theft.
34(5) Local funds available to assist the regional task force.
35(6) The number of licensed recycling facilities in the region.
(a) Each regional task force that has been awarded
37funds authorized under the program during the previous
38grant-funding cycle, upon reapplication for funds to the board in
39each successive year, shall submit a detailed accounting of funds
P5 1received and expended in the prior year in addition to any
2information required by this title.
3(b) The accounting shall include all of the following information:
4(1) The amount of funds received and expended.
5(2) The use to which those funds were put, including payment
6of salaries and expenses, purchase of
equipment and supplies, and
7other expenditures by type.
8(3) The number of filed complaints, investigations, arrests, and
9convictions that resulted from the expenditure of the funds.
(a) The board shall regularly review the
11effectiveness of the program in deterring, investigating, and
12prosecuting metal theft and related recycling crimes and shall,
13notwithstanding Section 10231.5 of the Government Code, present
14a report to the Legislature and Governor.
15(b) The report shall be based on information provided by the
16regional task forces in an annual report to the board which shall
17detail all of the following:
18(1) The number of metal theft and recycling crime cases filed
19in the prior year.
20(2) The number of metal theft and
recycling crime cases
21investigated in the prior year.
22(3) The number of victims involved in the cases filed.
23(4) The number of convictions obtained in the prior year.
24(5) The total aggregate monetary loss suffered by the victims,
25including damage caused by the theft.
26(6) An accounting of funds received and expended in the prior
27year, which shall include all of the following:
28(A) The amount of funds received and expended.
29(B) The uses to which those funds were put, including payment
30of salaries and expenses, purchase of supplies, and other
31expenditures.
32(C) Any other relevant information requested.
begin insert(a)end insertbegin insert end insert The program established pursuant to this title
34shall not be implemented until the Department of Finance
35determines that sufficient funds have been deposited in the Metal
36Theft Task Force Fund to implement the provisions of this title
37and funds have been made available for the purposes of this title
38upon appropriation by the Legislature as provided in subdivision
39(a) of Section 14190.20.
P6 1(b) The board
shall be required to implement the provisions of
2this title only upon the availability of funds appropriated for that
3purpose, in an amount sufficient to cover all costs relating to the
4implementation and continuing administration of the provisions
5of this title.
This title shall become operative on January 1, 2015.
O
98