Amended in Senate June 16, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1767


Introduced by Assembly Member Holden

February 14, 2014


An act to amend Section 33211.6 of the Public Resources Code, relating to the Santa Monica Mountains Conservancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1767, as amended, Holden. Santa Monica Mountains Conservancy: property destruction: fines.

Existing law establishes the Santa Monica Mountains Conservancy in the Natural Resources Agency and prescribes the membership, functions, and duties of the conservancy with regard to the preservation, protection, and management of specified lands in the Santa Monica Mountains. Existing law makes it a misdemeanor to dump any refuse matter, except pursuant to a specified permit, on property owned or managed by the conservancy, and posted against that dumping, or to injure, deface, or destroy any property owned or managed by the conservancy, and makes those crimes punishable by a fine of not more than $1,000, or imprisonment in the county jail for not more than 6 months, or both that fine and imprisonment.

This bill would increase the maximum fine for those crimes tobegin delete $1,500, and would require that the revenues from those fines be deposited into the Santa Monica Mountains Conservancy Fund and, upon appropriation, be used to pay the costs of any necessary property repairs or cleanup related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grants.end deletebegin insert $1,500.end insert

Existing law also makes a violation of the posted conditions of use on any property owned or managed by the conservancy a misdemeanor punishable by imprisonment in the county jail not exceeding 90 days, or by a fine of not more than $1,000, or by both that fine and imprisonment, but provides that the judge may reduce the charged offense to an infraction, punishable by a fine of not less than $100, nor more than $500.

This bill would increase the maximum fine for a misdemeanor violation to $1,500 and would increase the fine for an infraction to not less than $250, nor more than $750.begin insert The bill would also authorize a judge to reduce a charged offense, relating to dumping any refuse matter or injuring, defacing, or destroying property, discussed above, to an infraction, as provided.end insert

begin insert

The bill would require that the revenues from these fines be deposited into the Santa Monica Mountains Conservancy Fund and, upon appropriation, be used to pay the costs of any necessary property repairs or cleanup related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grants. The bill would make related findings of legislative intent.

end insert

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.  

Section 33211.6 of the Public Resources Code
2 is amended to read:

3

33211.6.  

(a) Dumping any refuse matter, except by permit
4signed by the executive director or the executive director’s
5authorized representative, on property owned or managed by the
6conservancy, and posted against that dumping, shall be a
7misdemeanor punishable by a fine of not more than one thousand
8five hundred dollars ($1,500), or imprisonment in the county jail
9for not more than six months, or both that fine and imprisonment.

10(b) Injuring, defacing, or destroying any property owned or
11managed by the conservancy or any of the natural features thereof,
12shall be a misdemeanor punishable by a fine of not more than one
13thousand five hundred dollars ($1,500), or imprisonment in the
P3    1county jail for not more than six months, or both that fine and
2imprisonment.

3(c) Violation of the posted conditions of use on any property
4owned or managed by the conservancy is a misdemeanor
5punishable by imprisonment in the county jail not exceeding 90
6days, or by a fine not exceeding one thousand five hundred dollars
7($1,500), or by both that fine andbegin delete imprisonment, except that atend delete
8begin insert imprisonment.end insert

9begin insert(d)end insertbegin insertend insertbegin insertAtend insert the time a particular actionbegin insert pursuant to this sectionend insert is
10commenced, the judge may, considering the recommendation of
11the prosecuting attorney, reduce the charged offense from a
12misdemeanor to an infraction.begin delete Anyend deletebegin insert Aend insert person convicted of the
13offense afterbegin delete suchend delete a reduction shall be punished by a fine of not
14less than two hundred fifty dollars ($250), nor more than seven
15hundred fifty dollars ($750).

begin delete

16(d)

end delete

17begin insert(e)end insert Any revenues from the fines imposed pursuant to begin delete subdivision
18(a) or (b)end delete
begin insert this sectionend insert shall be deposited into the fund and, upon
19appropriation by the Legislature, used to pay the costs of any
20necessary property repairs or cleanup related to a violation of this
21section, with any remaining funds to be used by the conservancy
22to award grants authorized by Section 33204.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe Legislature finds and declares that paragraph (3)
24of subdivision (a) of Section 33211.5 of the Public Resources Code
25is not intended to be used by the conservancy for stop sign
26photoenforcement.end insert



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