BILL ANALYSIS Ó AB 144 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 144 (Mathis) - As Amended April 23, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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