BILL ANALYSIS Ó
AB 144
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
144 (Mathis) - As Amended April 23, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill specifies that the fourth violation of illegal dumping
on private property shall be a misdemeanor punishable by up to
30 days in the county jail.
AB 144
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FISCAL EFFECT:
Minor, nonreimbursable costs for incarceration.
COMMENTS:
1)Purpose. According to the author, "Under existing law,
dumping in non-commercial quantities on private property is
only an infraction and subject to a minor fine and no jail
time. Illegal dumping on private property is a serious issue
for property owners, law enforcement agencies, and communities
as a whole. Dumpers impose significant clean-up costs upon the
owners of the afflicted property. Dumping also poses a costly
burden on law enforcement officials whom are called to respond
when an incident occurs. Communities also suffer more than a
nuisance as property values and revenues to local government
suffer due to blight from dumping. While the costs and
negative outcomes associated with illegal dumping on private
property can be high, the penalties for offenders whom are
apprehended are too minor to provide adequate deterrence from
this behavior. This bill would increase the penalty for
illegal dumping on private property in non-commercial
quantities from an infraction to a misdemeanor, subject to
stiffer fines and up to 30-days of jail time, to discourage
illegal dumping."
2)Creates a New Misdemeanor. This bill creates a new
misdemeanor where there is currently an infraction penalty.
Every fourth or subsequent violation of dumping waste on
private property shall now be punishable by a misdemeanor
penalty of up to 30 days in the county jail. As a result of
AB 144
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imposing a misdemeanor penalty, this legislation will permit
accused persons to apply for the aid of a public defender.
Additionally, persons charged with misdemeanor offenses may
demand a jury trial in Superior Court. However, existing fine
is for a third or subsequent infraction is not increasing as a
result of this legislation.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081