Senate Bill No. 165

Introduced by Senator Monning

February 4, 2015

An act to amend Section 12025 of the Fish and Game Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 165, as introduced, Monning. Production or cultivation of a controlled substance: civil penalties.

Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions.

Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner.

This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12025 of the Fish and Game Code is
amended to read:

12025.  

(a) In addition to any penalties imposed by any other
law, a person found to have violated begin delete Section 1602, 5650, or 5652 end delete
begin insert the code sections described in paragraphs (1) to (11), inclusive, end insert
in connection with the production or cultivation of a controlled
substance on land under the management of the Department of
Parks and Recreation, the Department of Fish and Wildlife, the
Department of Forestry and Fire Protection, the State Lands
Commission, a regional park district, the United States Forest
Service, or the Bureau of Land Management, or within the
respective ownership of a timberland production zone, as defined
in Chapter 6.7 (commencing with Section 51100) of Division 1 of
Title 5 of the Government Code, of more than 50,000 acres, or
while trespassing on other public or private land in connection
with the production or cultivation of a controlled substance, shall
be liable for a civil penalty begin delete in the following amounts: end delete begin insert as follows: end insert

(1) A person who violates Section 1602 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than ten thousand dollars ($10,000) for
each violation.

(2) A person who violates Section 5650 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than forty thousand dollars ($40,000) for
each violation.

(3) A person who violates Section 5652 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than forty thousand dollars ($40,000) for
each violation.

begin insert

(4) A person who violates subdivision (a) of Section 374.3 of
the Penal Code in connection with the production or cultivation
of a controlled substance is subject to a civil penalty of not more
than forty thousand dollars ($40,000) for each violation.

end insert begin insert

(5) A person who violates paragraph (1) of subdivision (h) of
Section 374.3 of the Penal Code in connection with the production
or cultivation of a controlled substance is subject to a civil penalty
of not more than forty thousand dollars ($40,000) for each
violation.

end insert begin insert

(6) A person who violates subdivision (b) of Section 374.8 of
the Penal Code in connection with the production or cultivation
of a controlled substance is subject to a civil penalty of not more
than forty thousand dollars ($40,000) for each violation.

end insert begin insert

(7) A person who violates Section 384a of the Penal Code in
connection with the production or cultivation of a controlled
substance is subject to a civil penalty of not more than ten thousand
dollars ($10,000) for each violation.

end insert begin insert

(8) A person who violates subdivision (a) of Section 4571 of the
Public Resources Code in connection with the production or
cultivation of a controlled substance is subject to a civil penalty
of not more than ten thousand dollars ($10,000) for each violation.

end insert begin insert

(9) A person who violates Section 4581 of the Public Resources
Code in connection with the production or cultivation of a
controlled substance is subject to a civil penalty of not more than
ten thousand dollars ($10,000) for each violation.

end insert begin insert

(10) A person who violates Section 2000 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than ten thousand dollars ($10,000) for
each violation.

end insert begin insert

(11) A person who violates subdivision (a) of Section 2001 in
connection with the production or cultivation of a controlled
substance is subject to a civil penalty of not more than ten thousand
dollars ($10,000) for each violation.

end insert

(b) (1) In addition to any penalties imposed by any other law,
a person found to have violated begin delete Section 1602, 5650, or 5652 end delete begin insert the
code sections described in this subdivision end insert in connection with the
production or cultivation of a controlled substance on land that the
person owns, leases, or otherwise uses or occupies with the consent
of the landowner begin delete may end delete begin insert shall end insert be liable for a civil penalty begin delete in the
following amounts: end delete begin insert as follows: end insert

(A) A person who violates Section 1602 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than eight thousand dollars ($8,000) for
each violation.

(B) A person who violates Section 5650 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than twenty thousand dollars ($20,000)
for each violation.

(C) A person who violates Section 5652 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than twenty thousand dollars ($20,000)
for each violation.

begin insert

(D) A person who violates subdivision (a) of Section 374.3 of
the Penal Code in connection with the production or cultivation
of a controlled substance is subject to a civil penalty of not more
than twenty thousand dollars ($20,000) for each violation.

end insert begin insert

(E) A person who violates paragraph (1) of subdivision (h) of
Section 374.3 of the Penal Code in connection with the production
or cultivation of a controlled substance is subject to a civil penalty
of not more than twenty thousand dollars ($20,000) for each
violation.

end insert begin insert

(F) A person who violates subdivision (b) of Section 374.8 of
the Penal Code in connection with the production or cultivation
of a controlled substance is subject to a civil penalty of not more
than twenty thousand dollars ($20,000) for each violation.

end insert begin insert

(G) A person who violates Section 384a of the Penal Code in
connection with the production or cultivation of a controlled
substance is subject to a civil penalty of not more than ten thousand
dollars ($10,000) for each violation.

end insert begin insert

(H) A person who violates subdivision (a) of Section 4571 of
the Public Resources Code in connection with the production or
cultivation of a controlled substance is subject to a civil penalty
of not more than eight thousand dollars ($8,000) for each violation.

end insert begin insert

(I) A person who violates Section 4581 of the Public Resources
Code in connection with the production or cultivation of a
controlled substance is subject to a civil penalty of not more than
eight thousand dollars ($8,000) for each violation.

end insert begin insert

(J) A person who violates Section 2000 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than eight thousand dollars ($8,000) for
each violation.

end insert begin insert

(K) A person who violates subdivision (a) of Section 2001 in
connection with the production or cultivation of a controlled
substance is subject to a civil penalty of not more than eight
thousand dollars ($8,000) for each violation.

end insert

(2) Each day that a violation of begin delete Section 1602, 5650, or 5652 end delete begin insert a
code section end insert described in this subdivision occurs or continues to
occur shall constitute a separate violation.

(c) The civil penalty imposed for each separate violation
pursuant to this section is in addition to any other civil penalty
imposed for another violation of this section, or any violation of
any other law.

(d) All civil penalties imposed or collected by a court for a
separate violation pursuant to this section shall not be considered
to be fines or forfeitures, as described in Section 13003, and shall
be apportioned in the following manner:

(1) Thirty percent shall be distributed to the county in which
the violation was committed pursuant to Section 13003. The county
board of supervisors shall first use any revenues from those
penalties to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation.

(2) (A) Thirty percent shall be distributed to the investigating
agency to be used to reimburse the cost of any investigation directly
related to the violations described in this section.

(B) If the department receives reimbursement pursuant to this
paragraph for activities funded pursuant to subdivision (f) of
Section 4629.6 of the Public Resources Code, the reimbursement
funds shall be deposited into the Timber Regulation and Forest
Restoration Fund, created by Section 4629.3 of the Public
Resources Code, if there is an unpaid balance for a loan authorized
by subdivision (f) of Section 4629.6 of the Public Resources Code.

(3) Forty percent shall be deposited into the Timber Regulation
and Forest Restoration Fund, created by Section 4629.3 of the
Public Resources Code, and used for grants authorized pursuant
to Section 4629.6 of the Public Resources Code that improve forest
health by remediating former marijuana growing operations.

(e) Civil penalties authorized pursuant to this section may be
imposed administratively by the department if all the following
occur:

(1) The chief deputy director or law enforcement division
assistant chief in charge of marijuana-related enforcement issues
a complaint to any person or entity on which an administrative
civil penalty may be imposed pursuant to this section. The
complaint shall allege the act or failure to act that constitutes a
violation, any facts related to natural resources impacts, the
provision of law authorizing the civil penalty to be imposed, and
the proposed penalty amount.

(2) The complaint and order is served by personal notice or
certified mail and informs the party served that the party may
request a hearing begin delete no end delete begin insert not end insert later than 20 days from the date of service.
If a hearing is requested, it shall be scheduled before the director
or his or her designee, which designee shall not be the chief deputy
or assistant chief issuing the complaint and order. A request for a
hearing shall contain a brief statement of the material facts the
party claims support his or her contention that no administrative
penalty should be imposed or that an administrative penalty of a
lesser amount is warranted. A party served with a complaint
pursuant to this subdivision waives begin delete the end delete begin insert his or her end insert right to a hearing
if begin delete no end delete begin insert a end insert hearing is begin insert not end insert requested within 20 days of service of the
complaint, in which case the order imposing the administrative
penalty shall become final.

(3) The director, or his or her designee, shall control the nature
and order of hearing proceedings. Hearings shall be informal in
nature, and need not be conducted according to the technical rules
relating to evidence. The director or his or her designee shall issue
a final order within 45 days of the close of the hearing. A begin delete final end delete
copy of the begin insert final end insert order shall be served by certified mail upon the
party served with the complaint.

(4) A party may obtain review of the final order by filing a
petition for a writ of mandate with the superior court within 30
days of the date of service of the final order. The administrative
penalty shall be due and payable to the department within 60 days
after the time to seek judicial review has expired, or, where the
party begin delete has end delete begin insert did end insert not begin delete requested end delete begin insert request end insert a hearing of the order, within
20 days after the order imposing an administrative penalty becomes
final.

(5) The department may adopt regulations to implement this
subdivision.

(f) All administrative penalties imposed or collected by the
department for a separate violation pursuant to this section shall
not be considered to be fines or forfeitures, as described in Section
13003, and shall be deposited into the Timber Regulation and
Forest Restoration Fund, created by Section 4629.3 of the Public
Resources Code, to repay any unpaid balance of a loan authorized
by subdivision (f) of Section 4629.6 of the Public Resources Code.
Any remaining funds from administrative penalties collected
pursuant to this section shall be apportioned in the following
manner:

(1) Fifty percent shall be deposited into the Timber Regulation
and Forest Restoration Fund for grants authorized pursuant to
subdivision (h) of Section 4629.6 of the Public Resources Code,
with priority given to grants that improve forest health by
remediating former marijuana growing operations.

(2) Fifty percent shall be deposited into the Fish and Game
Preservation Fund.

(g) For purposes of this section, “controlled substance” has the
same meaning as defined in Section 11007 of the Health and Safety
Code.