BILL NUMBER: SB 165 INTRODUCED
BILL TEXT
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 Section 1602, 5650, or 5652
the code sections described in paragraphs (1) to
(11), inclusive, 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 in the following amounts: as follows:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(b) (1) In addition to any penalties imposed by any other law, a
person found to have violated Section 1602, 5650, or 5652
the code sections described in this subdivision
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 may
shall be liable for a civil penalty in the
following amounts: as follows:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(2) Each day that a violation of Section 1602, 5650, or
5652 a code section 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 no not 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
the his or her right to a hearing if no
a hearing is not 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
final copy of the final 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 has did not requested
request 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.