Amended in Senate April 14, 2015

Amended in Senate March 12, 2015

Senate BillNo. 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 amended, 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:

P2    1

SECTION 1.  

Section 12025 of the Fish and Game Code is
2amended to read:

3

12025.  

(a) In addition to any penalties imposed by any other
4law, a person found to have violated the code sections described
5in paragraphs (1) to (11), inclusive, in connection with the
6production or cultivation of a controlled substance on land under
7the management of the Department of Parks and Recreation, the
8Department of Fish and Wildlife, the Department of Forestry and
9Fire Protection, the State Lands Commission, a regional park
10district, the United States Forest Service, or the United States
11Bureau of Land Management, or within the respective ownership
12of a timberland production zone, as defined in Chapter 6.7
13(commencing with Section 51100) ofbegin insert Part 1 ofend insert Division 1 of Title
145 of the Government Code, of more than 50,000 acres, or while
15trespassing on other public or private land in connection with the
16production or cultivation of a controlled substance, shall be liable
17for a civil penalty as follows:

18(1) A person who violates Section 1602 in connection with the
19production or cultivation of a controlled substance is subject to a
20civil penalty of not more than ten thousand dollars ($10,000) for
21each violation.

22(2) A person who violates Section 5650 in connection with the
23production or cultivation of a controlled substance is subject to a
24civil penalty of not more than forty thousand dollars ($40,000) for
25each violation.

26(3) A person who violates Section 5652 in connection with the
27production or cultivation of a controlled substance is subject to a
28civil penalty of not more than forty thousand dollars ($40,000) for
29each violation.

30(4) A person who violates subdivision (a) of Section 374.3 of
31the Penal Code in connection with the production or cultivation
32of a controlled substance is subject to a civil penalty of not more
33than forty thousand dollars ($40,000) for each violation.

34(5) A person who violates paragraph (1) of subdivision (h) of
35Section 374.3 of the Penal Code in connection with the production
P3    1or cultivation of a controlled substance is subject to a civil penalty
2of not more than forty thousand dollars ($40,000) for each
3 violation.

4(6) A person who violates subdivision (b) of Section 374.8 of
5the Penal Code in connection with the production or cultivation
6of a controlled substance is subject to a civil penalty of not more
7than forty thousand dollars ($40,000) for each violation.

8(7) A person who violates Section 384a of the Penal Code in
9connection with the production or cultivation of a controlled
10substance is subject to a civil penalty of not more than ten thousand
11dollars ($10,000) for each violation.

12(8) A person who violates subdivision (a) of Section 4571 of
13the Public Resources Code in connection with the production or
14cultivation of a controlled substance is subject to a civil penalty
15of not more than ten thousand dollars ($10,000) for each violation.

16(9) A person who violates Section 4581 of the Public Resources
17Code in connection with the production or cultivation of a
18controlled substance is subject to a civil penalty of not more than
19ten thousand dollars ($10,000) for each violation.

20(10) A person who violates Section 2000 in connection with
21the production or cultivation of a controlled substance is subject
22to a civil penalty of not more than ten thousand dollars ($10,000)
23for each violation.

24(11) A person who violates Section 2002 in connection with
25the production or cultivation of a controlled substance is subject
26to a civil penalty of not more than ten thousand dollars ($10,000)
27for each violation.

28(b) (1) In addition to any penalties imposed by any other law,
29a person found to have violated the code sections described in this
30subdivision in connection with the production or cultivation of a
31controlled substance on land that the person owns, leases, or
32otherwise uses or occupies with the consent of the landowner shall
33be liable for a civil penalty as follows:

34(A) A person who violates Section 1602 in connection with the
35production or cultivation of a controlled substance is subject to a
36civil penalty of not more than eight thousand dollars ($8,000) for
37each violation.

38(B) A person who violates Section 5650 in connection with the
39production or cultivation of a controlled substance is subject to a
P4    1civil penalty of not more than twenty thousand dollars ($20,000)
2for each violation.

3(C) A person who violates Section 5652 in connection with the
4production or cultivation of a controlled substance is subject to a
5civil penalty of not more than twenty thousand dollars ($20,000)
6for each violation.

7(D) A person who violates subdivision (a) of Section 374.3 of
8the Penal Code in connection with the production or cultivation
9of a controlled substance is subject to a civil penalty of not more
10than twenty thousand dollars ($20,000) for each violation.

11(E) A person who violates paragraph (1) of subdivision (h) of
12Section 374.3 of the Penal Code in connection with the production
13or cultivation of a controlled substance is subject to a civil penalty
14of not more than twenty thousand dollars ($20,000) for each
15violation.

16(F) A person who violates subdivision (b) of Section 374.8 of
17the Penal Code in connection with the production or cultivation
18of a controlled substance is subject to a civil penalty of not more
19than twenty thousand dollars ($20,000) for each violation.

20(G) A person who violates Section 384a of the Penal Code in
21connection with the production or cultivation of a controlled
22substance is subject to a civil penalty of not more than ten thousand
23dollars ($10,000) for each violation.

24(H) A person who violates subdivision (a) of Section 4571 of
25the Public Resources Code in connection with the production or
26cultivation of a controlled substance is subject to a civil penalty
27of not more than eight thousand dollars ($8,000) for each violation.

28(I) A person who violates Section 4581 of the Public Resources
29Code in connection with the production or cultivation of a
30controlled substance is subject to a civil penalty of not more than
31eight thousand dollars ($8,000) for each violation.

32(J) A person who violates Section 2000 in connection with the
33production or cultivation of a controlled substance is subject to a
34civil penalty of not more than eight thousand dollars ($8,000) for
35each violation.

36(K) A person who violates Section 2002 in connection with the
37production or cultivation of a controlled substance is subject to a
38civil penalty of not more than eight thousand dollars ($8,000) for
39each violation.

P5    1(2) Each day that a violation of a code section described in this
2subdivision occurs or continues to occur shall constitute a separate
3violation.

4(c) The civil penalty imposed for each separate violation
5pursuant to this section is in addition to any other civil penalty
6imposed for another violation of this section, or any violation of
7any other law.

8(d) All civil penalties imposed or collected by a court for a
9separate violation pursuant to this section shall not be considered
10to be fines or forfeitures, as described in Section 13003, and shall
11be apportioned in the following manner:

12(1) Thirty percent shall be distributed to the county in which
13the violation was committed pursuant to Section 13003. The county
14board of supervisors shall first use any revenues from those
15penalties to reimburse the costs incurred by the district attorney
16or city attorney in investigating and prosecuting the violation.

17(2) (A) Thirty percent shall be distributed to the investigating
18agency to be used to reimburse the cost of any investigation directly
19related to the violations described in this section.

20(B) If the department receives reimbursement pursuant to this
21paragraph for activities funded pursuant to subdivision (f) of
22Section 4629.6 of the Public Resources Code, the reimbursement
23funds shall be deposited into the Timber Regulation and Forest
24Restoration Fund, created by Section 4629.3 of the Public
25Resources Code, if there is an unpaid balance for a loan authorized
26by subdivision (f) of Section 4629.6 of the Public Resources Code.

27(3) Forty percent shall be deposited into the Timber Regulation
28and Forest Restoration Fund, created by Section 4629.3 of the
29Public Resources Code, and used for grants authorized pursuant
30 to Section 4629.6 of the Public Resources Code that improve forest
31health by remediating former marijuana growing operations.

32(e) Civil penalties authorized pursuant to this section may be
33imposed administratively by the department if all of the following
34occur:

35(1) The chief deputy director or law enforcement division
36assistant chief in charge of marijuana-related enforcement issues
37a complaint to any person or entity on which an administrative
38civil penalty may be imposed pursuant to this section. The
39complaint shall allege the act or failure to act that constitutes a
40violation, any facts related to natural resources impacts, the
P6    1provision of law authorizing the civil penalty to be imposed, and
2the proposed penalty amount.

3(2) The complaint and order is served by personal notice or
4certified mail and informs the party served that the party may
5request a hearing not later than 20 days from the date of service.
6If a hearing is requested, it shall be scheduled before the director
7or his or her designee, which designee shall not be the chief deputy
8or assistant chief issuing the complaint and order. A request for a
9hearing shall contain a brief statement of the material facts the
10party claims support his or her contention that no administrative
11penalty should be imposed or that an administrative penalty of a
12lesser amount is warranted. A party served with a complaint
13pursuant to this subdivision waives his or her right to a hearing if
14a hearing is not requested within 20 days of service of the
15complaint, in which case the order imposing the administrative
16penalty shall become final.

17(3) The director, or his or her designee, shall control the nature
18and order of hearing proceedings. Hearings shall be informal in
19nature, and need not be conducted according to the technical rules
20relating to evidence. The director or his or her designee shall issue
21a final order within 45 days of the close of the hearing. A copy of
22the final order shall be served by certified mail upon the party
23served with the complaint.

24(4) A party may obtain review of the final order by filing a
25petition for a writ of mandate with the superior court within 30
26days of the date of service of the final order. The administrative
27penalty shall be due and payable to the department within 60 days
28after the time to seek judicial review has expired, or, where the
29party did not request a hearing of the order, within 20 days after
30the order imposing an administrative penalty becomes final.

31(5) The department may adopt regulations to implement this
32subdivision.

33(f) All administrative penalties imposed or collected by the
34department for a separate violation pursuant to this section shall
35not be considered to be fines or forfeitures, as described in Section
3613003, and shall be deposited into the Timber Regulation and
37Forest Restoration Fund, created by Section 4629.3 of the Public
38Resources Code, to repay any unpaid balance of a loan authorized
39by subdivision (f) of Section 4629.6 of the Public Resources Code.
40Any remaining funds from administrative penalties collected
P7    1pursuant to this section shall be apportioned in the following
2manner:

3(1) Fifty percent shall be deposited into the Timber Regulation
4and Forest Restoration Fund for grants authorized pursuant to
5subdivision (h) of Section 4629.6 of the Public Resources Code,
6with priority given to grants that improve forest health by
7remediating former marijuana growing operations.

8(2) Fifty percent shall be deposited into the Fish and Game
9Preservation Fund.

begin insert

10(g) Any civil penalty imposed pursuant to this section for the
11violation of an offense described in paragraph (4), (5), or (6) of
12subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1)
13of subdivision (b) for which the person was convicted shall be
14offset by the amount of any restitution ordered by a criminal court.

end insert
begin delete

15(g)

end delete

16begin insert(h)end insert For purposes of this section, “controlled substance” has the
17same meaning as defined in Section 11007 of the Health and Safety
18Code.



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