BILL ANALYSIS �
AB 909
Page 1
Date of Hearing: April 9, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 909 (Gray) - As Introduced: February 22, 2013
SUMMARY : On or after January 1, 2015, requires the Board of
State and Community Corrections (BSCC) to establish the Metal
Theft Task Force Program (MTTFP). Specifically, this bill :
1)Requires the BSCC to establish the MTTFP. Administration of
the overall program and the evaluation and monitoring of all
grants disbursed shall be performed by the BSCC.
2)Provides that money appropriated to the BSCC for the program,
after deduction for actual and necessary administrative costs,
shall be expended to fund programs that enhance to enhance the
capacity of local law enforcement and prosecutors to deter,
investigate, and prosecute metal theft and related metal theft
crimes.
3)States that up to 10% of the funds may, upon appropriation, be
used for developing and maintaining a statewide database on
metal theft and related recycling crimes for use in developing
and distributing intelligence information to participating law
enforcement agencies.
4)Requires the BSCC to develop specific guidelines and
administrative procedures for the selection of regional task
forces to receive funds as follows:
a) Each regional task force that seeks funds shall submit a
written application to the BSCC setting forth in detail the
proposed use of funds;
b) Each regional task force shall be identified by a name
that is appropriate to the area it serves. In order to
qualify for funds a regional task force shall be comprised
of local law enforcement and prosecutors from at least two
counties;
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c) Each task force may 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, including
pertinent trade associations , as deemed necessary to
maximize the effectiveness of the program; and,
d) Priority shall be given to regional task forces outside
of the 13 counties under the existing Central Valley Rural
Crime Prevention Program (CVRCPP).
5)Provides that the program guidelines shall include all of the
following selection criteria that shall be considered by the
BSCC in awarding grant funds:
a) The number of metal theft or related recycling crime
cases filed in the prior year;
b) The number of metal theft or related recycling crime
cases investigated in the prior year;
c) The number of victims involved in the cases filed;
d) The total aggregate monetary loss suffered by the
victims, including damage caused by theft;
e) Local funds available to assist the regional task force;
and,
f) The number of licensed recycling facilities in the
region.
6)Requires that each regional task force that has been awarded
funds authorized under the program during the previous
grant-funding cycle, upon reapplication for funds to the BSCC
in each successive year, shall submit a detailed accounting of
funds received and expended in the prior year in addition to
any other information required to be submitted.
7)Requires that the accounting of funds received and expended in
the previous year contain all of the following information:
a) The amount of funds received and expended;
b) The use to which those funds were put, including payment
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of salaries and expenses, purchases of equipment and
supplies, and other expenditures by type; and,
c) The number of filed complaints, investigations, arrests,
and convictions that resulted from expenditure of the
funds.
8)Requires the BSCC to regularly review the effectiveness of the
program in deterring, investigating, and prosecuting metal
theft and related recycling crimes, and shall present a report
to the Legislature and the Governor based on information
provided by the regional task forces in an annual report to
the BSCC which shall contain all of the following:
a) The number of metal theft or related recycling crime
cases filed in the prior year;
b) The number of metal theft or related recycling crime
cases investigated in the prior year;
c) The number of victims involved in the cases filed;
d) The number of convictions obtained in the prior year;
e) The total aggregate monetary loss suffered by the
victims, including damage caused by theft; and,
f) An accounting of funds received and expended, as
specified.
9)Establishes the Metal Theft Task Force Fund (MTTFF) within the
State Treasury. Transfers to the MTTFF shall be deposited in
the Treasury, or in a state depository bank approved by the
Treasurer. These funds upon appropriation by the Legislature
will be available for the purposes of the program.
10)Provides that the fund shall consist of moneys deposited into
the fund from the federal government , industry, and citizen
sources, and funds provided under this program are intended to
ensure that law enforcement is equipped with the necessary
personnel and tools to successfully combat metal theft and
related recycling crimes, which include, but are not limited
to all of the following offenses:
a) The theft of metals, including, but not limited to,
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nonferrous metals;
b) The purchase and recycling of stolen metals, including,
but not limited to recycled beverage containers, by
recyclers;
c) The transportation of stolen metals from this state to
another state; and,
d) The transportation of stolen metals from another state
to this state.
11)States that the MTTFP shall not be implemented until the
Department of Finance determines that sufficient funds have
been deposited in the MTTFF to implement the program and the
funds have been made available upon appropriation by the
Legislature.
12)Provides that this section shall become operative on January
1, 2015.
EXISTING LAW :
1)Establishes, as of July 1, 2012, the BSCC. The BSCC shall be
an entity independent of the California Department of
Corrections and Rehabilitation (CDCR). The Governor may
appoint an executive officer of the BSCC, subject to Senate
confirmation, who shall hold the office at the pleasure of the
Governor. The executive officer shall be the administrative
head of BSCC and shall exercise all duties and functions
necessary to ensure that the responsibilities of the BSCC are
successfully discharged. [Penal Code Section 6024(a).]
2)Provides that the mission of BSCC shall include providing
statewide leadership, coordination, and technical assistance
to promote effective state and local efforts and partnerships
in California's adult and juvenile criminal justice system,
including addressing gang problems. This mission shall
reflect the principle of aligning fiscal policy and
correctional practices, including, but not limited to
prevention, intervention, suppression, supervision, and
incapacitation, to promote a justice investment strategy that
fits each county and is consistent with the integrated
statewide goal of improved public safety through
cost-effective, promising, and evidence-based strategies for
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managing criminal justice populations.
3)Requires the BSCC to act as the supervisory board of the state
planning agency pursuant to federal acts. It shall annually
review and approve, or review, revise, and approve, the
comprehensive state plan for the improvement of criminal
justice and delinquency and gang prevention activities
throughout the state, shall establish priorities for the use
of funds as are available pursuant to federal acts, and shall
approve the expenditure of all funds pursuant to such plans or
federal acts, provided that the approval of those expenditures
may be granted to single projects or to groups of projects.
4)Provides that 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 (CVRCPP), 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. [Penal Code Section 14171(a).]
5)Provides that the parties to each agreement shall form a
regional task force known as the "Central Valley Rural Crime
Task Force", which includes the county agricultural
commissioner, the county district attorney, the county
sheriff, and interested property owners or associations.
[Penal Code Section 14175(b).]
6)Requires the Central Valley Rural Crime Task Force to develop
rural crime prevention programs which contain a system for
reporting rural crimes that enable the swift recovery of
stolen goods and the apprehension of criminal suspects.
[Penal Code Section 14175(b)(2).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Scrap metal
theft is a highly profitable crime which is victimizing
farmers and ranchers at a time when the Great Recession is
already plunging many into bankruptcy. A single theft can be
devastating, often resulting in thousands of dollars in
repairs.
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"In 2008, Farm Bureau and the California State Sheriffs'
Association co-sponsored legislation to address the high rates
of metal theft in California. This legislation, AB 844
(Berryhill, Ch.731, Stat. 2008), made junk dealers and
recyclers accountable for who they bought from by changed how
scrap metal payments were made. Despite the new transaction
requirements, metal theft rates have continued to rise.
"AB 909 furthers efforts to protect our communities by ensuring
law enforcement and district attorneys have the resources they
need to combat metal theft. The bill creates a Metal Theft
Task Force which is modeled after highly successful programs
in the Central Valley and Central Coast. This voluntary
program would provide grants to regional task forces to ensure
their ability to pursue metal thieves and recover stolen
property."
2)Argument in Support : The California Farm Bureau Federation
states, "California Farmers are seeing a sharp increase in the
rate of metal theft. Thieves strip copper wires from pumps
and steal other metal such as sprinkler heads and irrigation
pipes from farms. The cost of replacing copper wire on an
irrigation pump ranges from $1,500 to $4,000. When the
irrigation pump is damaged in the theft the repair costs can
reach tens of thousands of dollars. Yet this cost only covers
repair of the pump, not the cost of potential crop damage
caused by lack of irrigation while the pump was unusable.
"Metal theft is not only impacting California's farmers and
ranchers, utilities throughout the state are seeing utility
lines cut and stripped of copper wire and construction
companies are losing wire and pipe to thieves. Cities and
counties are seeing copper wiring stripped from traffic lights
raising significant public safety concerns.
"AB 909, when funded, would expand law enforcement's ability to
focus on the metal theft epidemic and ensure that existing
laws aimed at reducing metal theft are enforced. California
has numerous laws to regulate the recycling of metal, many of
which are aimed at reducing the market for stolen metals.
This bill would help provide resources to law enforcement to
combat metal theft."
REGISTERED SUPPORT / OPPOSITION :
AB 909
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Support
California Farm Bureau Federation (Sponsor)
Association of California Water Agencies
California Business Properties Association
California Chamber of Commerce
California State Association of Counties
Friant Water Authority
Pacific Gas and Electric Company
West Coast Chapter of the Institute of Scrap Recycling
Industries
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744