BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 165|
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THIRD READING
Bill No: SB 165
Author: Monning (D)
Amended: 4/14/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Production or cultivation of a controlled substance:
civil penalties
SOURCE: Author
DIGEST: This bill adds additional crimes or violations to an
existing Fish and Game Code statute which authorizes civil fines
for certain natural resource-related violations in connection
with the production or cultivation of a controlled substance.
ANALYSIS: Existing law generally authorizes civil penalties
for certain natural resource-related law violations which are
committed in connection with the production or cultivation of a
controlled substance either while trespassing on other public or
private land, or committed on land that the person owns, leases,
or otherwise uses or occupies with the consent of the landowner.
(Fish and Game Code § 12025) These provisions describe a
process for issuing and serving complaints, conducting hearings,
and obtaining a review of a final order. (Id.)
SB 165
Page 2
This bill adds several additional, similar violations, involving
criminal dumping of waste or hazardous substances; criminal
destruction of vegetation; unlawful timber operations; and
unlawfully taking or possessing any animal, as specified to
these provisions.
NOTE: See the Senate Public Safety Committee analysis for a
full discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/27/15)
California College and University Police Chiefs Association
California District Attorneys Association
California Police Chiefs Association
California Fish and Game Wardens Association
California Peace Officers' Association
Rural County Representatives of California
OPPOSITION: (Verified4/27/15)
None received
ARGUMENTS IN SUPPORT:
The author states in part:
While the current fine structure for these marijuana
grow operations provides some new options in
environmental enforcement, it is limited in its reach.
Currently, District Attorneys or DFW [Department of
Fish and Wildlife] can only assess a civil fine in
instances where a grower has substantially diverted a
SB 165
Page 3
stream or has polluted it with petroleum or other
deleterious substances. SB 165 will expand the number
and type of environmental crimes for which a civil
fine may be levied against a person who cultivates a
controlled substance. Civil fines will be able to be
brought against growers that engage in: habitat
destruction through land conversion and timber
operations without the proper permits or a Timber
Harvest Plan; the unlawful take or possession of
wildlife; the illegal dumping of trash and hazardous
materials; waste disposal in a commercial scale; and
the removing plant life or vegetation without consent.
Prepared by:Alison Anderson / PUB. S. /
4/28/15 15:31:12
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