Amended in Senate July 2, 2013

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 909


Introduced by Assembly Member Gray

February 22, 2013


An act to add Title 11.8 (commencing with Section 14190.15) to Part 4 of the Penal Code, relating to metal theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 909, as amended, Gray. Metal theft and related recycling crimes.

begin delete

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.

end delete
begin insert

Existing law provides that any person who feloniously steals, takes, or carries away the personal property of another, or who fraudulently appropriates property that has been entrusted to him or her, is guilty of theft. Existing law also provides that a person who, being a dealer in or collector of junk, metals, or secondhand materials, buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that he or she knows or reasonably should know is ordinarily used by, or ordinarily belongs to, a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, or city and county without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property.

end insert
begin insert

Existing law establishes the Department of Justice, which is headed by the Attorney General and tasked with, among other things, representing California in criminal cases.

end insert

This bill, on and after January 1, 2015, would require thebegin delete boardend deletebegin insert Department of Justiceend insert 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 thebegin delete boardend deletebegin insert departmentend insert, and, upon appropriation by the Legislature, would make moneys in the fund available for the purposes of the program.

The bill would require thebegin delete boardend deletebegin insert departmentend insert to regularly review the program and report to the Governor and the Legislature, and would specify that the program 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:

P2    1

SECTION 1.  

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
P3    1necessary to successfully interdict the commission of metal theft
2and related metal recycling crimes.

3

SEC. 2.  

Title 11.8 (commencing with Section 14190.15) is
4added to Part 4 of the Penal Code, to read:

5 

6Title 11.8.  THEFT AND RECYCLING OF METALS

7

 

8

14190.15.  

For the purposes of this title, the following terms
9have the following meanings:

10(a) “Fund” means the Metal Theft Task Force Fund.

11(b) begin delete“Board” end deletebegin insert“Departmentend insertbegin insertend insertmeans thebegin delete Board of State and
12Community Corrections.end delete
begin insert Department of Justice.end insert

13(c) “Program” means the Metal Theft Task Force Program.

14

14190.20.  

(a) The Metal Theft Task Force Fund is hereby
15established within the State Treasury. Transfers to the Metal Theft
16Task Force Fund shall be deposited in the Treasury, or in a state
17depository bank approved by the Treasurer. These funds shall,
18upon appropriation by the Legislature, be available for the purposes
19set forth in this title.

20(b) The fund shall consist of moneys deposited into the fund
21from the federal government, industry, and private sources. General
22Fund moneys shall not be deposited into the fund nor used to
23implement the provisions of this title.

24(c) Funds provided under this program are intended to ensure
25that law enforcement is equipped with the necessary personnel
26and tools to successfully combat metal theft and related recycling
27crimes, which include, but are not limited to, all of the following
28offenses:

29(1) The theft of metals, including, but not limited to, nonferrous
30metals.

31(2) The purchase and recycling of stolen metals, including, but
32not limited to, recycled metal beverage containers, by recyclers.

33(3) The transportation of stolen metals from this state to another
34state.

35(4) The transportation of stolen metals from another state to this
36state.

37

14190.25.  

(a) The fund shall be administered by thebegin delete boardend delete
38begin insert departmentend insert.

39(b) Thebegin delete boardend deletebegin insert departmentend insert may adopt regulations as needed to
40administer this title.

P4    1(c) Administration of the overall program and the evaluation
2and monitoring of all grants made pursuant to this title shall be
3performed by thebegin delete boardend deletebegin insert departmentend insert.

4

14190.30.  

(a) Thebegin delete boardend deletebegin insert departmentend insert shall establish the Metal
5Theft Task Force Program. Administration of the overall program
6and the evaluation and monitoring of all grants made pursuant to
7this title shall be performed by thebegin delete boardend deletebegin insert departmentend insert.

8(b) Moneys appropriated to thebegin delete boardend deletebegin insert departmentend insert for the
9program shall be expended to fund programs that enhance the
10capacity of local law enforcement and prosecutors to deter,
11investigate, and prosecute metal theft and related recycling crimes.

12(c) After deduction of thebegin delete board’send deletebegin insert department’send insert actual and
13necessary administrative costs, the funds shall be expended to fund
14programs to enhance the capacity of local law enforcement and
15prosecutors to deter, investigate, and prosecute metal theft and
16related recycling crimes.

17(d) Funds distributed under this program shall be expended for
18the exclusive purpose of deterring, investigating, and prosecuting
19metal theft and related recycling crimes.

20(e) Up to 10 percent of the funds may, upon appropriation, be
21used for developing and maintaining a statewide database on metal
22theft and related recycling crimes for use in developing and
23distributing intelligence information to participating law
24enforcement agencies.

25

14190.35.  

(a) Thebegin delete boardend deletebegin insert departmentend insert shall develop specific
26guidelines and administrative procedures for the selection of
27regional task forces to receive funds under this program, as follows:

28(1) Each regional task force that seeks funds shall submit a
29written application to thebegin delete boardend deletebegin insert departmentend insert setting forth in detail
30the proposed use of funds.

31(2) Each regional task force shall be identified by a name that
32is appropriate to the area that it serves. In order to qualify for funds,
33a regional task force shall be comprised of local law enforcement
34and prosecutors from at least two counties.

35(3) Each task force may consult with experts from the United
36States military, the California Military Department,begin delete the Department
37of Justice, otherend delete
law enforcement entities, and various other state
38and private organizations, including pertinent trade associations,
39as deemed necessary to maximize the effectiveness of this program.

P5    1(4) Priority shall be given to regional task forces outside of the
213 counties funded under the rural crime prevention programs
3authorized pursuant to Sections 14170 and 14180.

4(b) The guidelines shall include all of the following selection
5criteria that shall be considered by thebegin delete boardend deletebegin insert departmentend insert in
6awarding grant funds:

7(1) The number of metal theft or related recycling crime cases
8filed in the prior year.

9(2) The number of metal theft or related recycling crime cases
10investigated in the prior year.

11(3) The number of victims involved in the cases filed.

12(4) The total aggregate monetary loss suffered by the victims,
13including damage caused by the theft.

14(5) Local funds available to assist the regional task force.

15(6) The number of licensed recycling facilities in the region.

16

14190.40.  

(a) Each regional task force that has been awarded
17funds authorized under the program during the previous
18grant-funding cycle, upon reapplication for funds to thebegin delete boardend delete
19begin insert departmentend insert in each successive year, shall submit a detailed
20accounting of funds received and expended in the prior year in
21addition to any information required by this title.

22(b) The accounting shall include all of the following information:

23(1) The amount of funds received and expended.

24(2) The use to which those funds were put, including payment
25of salaries and expenses, purchase of equipment and supplies, and
26other expenditures by type.

27(3) The number of filed complaints, investigations, arrests, and
28convictions that resulted from the expenditure of the funds.

29

14190.45.  

(a) Thebegin delete boardend deletebegin insert departmentend insert shall regularly review
30the effectiveness of the program in deterring, investigating, and
31prosecuting metal theft and related recycling crimes and shall,
32notwithstanding Section 10231.5 of the Government Code, present
33a report to the Legislature and Governor.

34(b) The report shall be based on information provided by the
35regional task forces in an annual report to thebegin delete boardend deletebegin insert departmentend insert
36 which shall detail all of the following:

37(1) The number of metal theft and recycling crime cases filed
38in the prior year.

39(2) The number of metal theft and recycling crime cases
40investigated in the prior year.

P6    1(3) The number of victims involved in the cases filed.

2(4) The number of convictions obtained in the prior year.

3(5) The total aggregate monetary loss suffered by the victims,
4including damage caused by the theft.

5(6) An accounting of funds received and expended in the prior
6year, which shall include all of the following:

7(A) The amount of funds received and expended.

8(B) The uses to which those funds were put, including payment
9of salaries and expenses, purchase of supplies, and other
10expenditures.

11(C) Any other relevant information requested.

12

14190.50.  

(a) The program established pursuant to this title
13shall not be implemented until the Department of Finance
14determines that sufficient funds have been deposited in the Metal
15Theft Task Force Fund to implement the provisions of this title
16and funds have been made available for the purposes of this title
17upon appropriation by the Legislature as provided in subdivision
18(a) of Section 14190.20.

19(b) Thebegin delete boardend deletebegin insert departmentend insert shall be required to implement the
20provisions of this title only upon the availability of funds
21appropriated for that purpose, in an amount sufficient to cover all
22costs relating to the implementation and continuing administration
23of the provisions of this title.

24

14190.55.  

This title shall become operative on January 1, 2015.



O

    97