BILL NUMBER: AB 144 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mathis
JANUARY 13, 2015
An act to amend Section 832.16 374.3
of the Penal Code, relating to peace officers.
dumping.
LEGISLATIVE COUNSEL'S DIGEST
AB 144, as amended, Mathis. Peace officers.
Dumping.
Existing law prohibits dumping waste matter in or upon a public or
private highway or road, or in or upon private property into or upon
which the public is admitted by easement or license, or upon private
property without the consent of the owner, or in or upon a public
park or other public property. A violation of these provisions is an
infraction punishable by a fine between $250 and $1,000 for a first
conviction, between $500 and $1,500 for a 2nd conviction, and between
$750 and $3,000 for a 3rd or subsequent conviction.
This bill would make dumping waste matter on private property,
including on any private road or highways, without the consent of the
owner a misdemeanor punishable by imprisonment in a county jail for
not more than 30 days and by a fine between $250 and $1,000 for a
first conviction, between $500 and $1,500 for a 2nd conviction, and
between $750 and $3,000 for a 3rd or subsequent conviction.
By changing the definition of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the Department of Justice to notify a state
or local agency employing a peace officer authorized to carry a
firearm if a peace officer is prohibited from possessing, receiving,
owning, or purchasing a firearm pursuant to state or federal law.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 374.3 of the Penal
Code is amended to read:
374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or
road, including any portion of the right-of-way thereof, or in or
upon private property into or upon which the public is admitted by
easement or license, or upon private property without the
consent of the owner, or in or upon a public park or other
public property other than property designated or set aside for that
purpose by the governing board or body having charge of that
property.
(b) It is unlawful to place, deposit, or dump, or cause to be
placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or
upon a private highway or road, including any portion of the
right-of-way of the private highway or road, or private property,
without the consent of the owner or a contractor under contract with
the owner for the materials, or in or upon a public park or other
public property, without the consent of the state or local agency
having jurisdiction over the highway, road, or property.
(c) A person violating this section
subdivision (a) or (b) is guilty of an infraction. Each day
that waste placed, deposited, or dumped in violation of subdivision
(a) or (b) remains is a separate violation.
(d) This section does not restrict a private owner in the use of
his or her own private property, unless the placing, depositing, or
dumping of the waste matter on the property creates a public health
and safety hazard, a public nuisance, or a fire hazard, as determined
by a local health department, local fire department or district
providing fire protection services, or the Department of Forestry and
Fire Protection, in which case this section applies.
(e) A person convicted of a violation of this section
subdivision (a) or (b) shall be punished by a
mandatory fine of not less than two hundred fifty dollars ($250) nor
more than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand five hundred dollars ($1,500) upon a second
conviction, and by a mandatory fine of not less than seven hundred
fifty dollars ($750) nor more than three thousand dollars ($3,000)
upon a third or subsequent conviction. If the court finds that the
waste matter placed, deposited, or dumped was used tires, the fine
prescribed in this subdivision shall be doubled.
(f) The court may require, in addition to any fine imposed upon a
conviction, that, as a condition of probation and in addition to any
other condition of probation, a person convicted under this section
remove, or pay the cost of removing, any waste matter which the
convicted person dumped or caused to be dumped upon public or private
property.
(g) Except when the court requires the convicted person to remove
waste matter which he or she is responsible for dumping as a
condition of probation, the court may, in addition to the fine
imposed upon a conviction, require as a condition of probation, in
addition to any other condition of probation, that a person convicted
of a violation of this section pick up waste matter at a time and
place within the jurisdiction of the court for not less than 12
hours.
(h) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter in violation of this
section in commercial quantities shall be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than six
months and by a fine. The fine is mandatory and shall amount to not
less than one thousand dollars ($1,000) nor more than three thousand
dollars ($3,000) upon a first conviction, not less than three
thousand dollars ($3,000) nor more than six thousand dollars ($6,000)
upon a second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a third or
subsequent conviction.
(2) "Commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic yard.
This subdivision does not apply to the dumping of household waste at
a person's residence.
(i) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter upon private property,
including on any private highway or road, without the consent of the
owner is guilty of a misdemeanor punishable by imprisonment in a
county jail for not more than 30 days and by a fine. The fine is
mandatory and shall amount to not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000) upon a first
conviction, not less than five hundred dollars ($500) nor more than
one thousand five hundred dollars ($1,500) upon a second conviction,
and not less than seven hundred fifty dollars ($750) nor more than
three thousand dollars ($3,000) upon a third or subsequent
conviction. If the court finds that the waste matter placed,
deposited, or dumped includes used tires, the fine prescribed in this
subdivision shall be doubled. Each day that waste placed, deposited,
or dumped remains is a separate violation.
(i)
(j) For purposes of this section, "person" means an
individual, trust, firm, partnership, joint stock company, joint
venture, or corporation.
(j)
(k) Except in unusual cases where the interests of
justice would be best served by waiving or reducing a fine, the
minimum fines provided by this section shall not be waived or
reduced.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 832.16 of the Penal Code is
amended to read:
832.16. (a) On and after October 1, 1993, the Department of
Justice shall notify a state or local agency employing a peace
officer, as defined by this chapter, who is authorized by the
employing agency to carry a firearm, as to if a peace officer is
prohibited from possessing, receiving, owning, or purchasing a
firearm pursuant to state or federal law. If the prohibition is
temporary, the notice shall indicate the date that the prohibition
expires. However, the notice shall not provide any other information
with respect to the basis for the prohibition.
(b) Before providing the information specified in subdivision (a),
the agency employing the peace officer shall provide the Department
of Justice with the officer's fingerprints and other identifying
information deemed necessary by the department.
(c) The information specified in this section shall only be
provided by the Department of Justice subject to the availability of
funding.
(d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.