BILL NUMBER: AB 1971	CHAPTERED
	BILL TEXT

	CHAPTER  82
	FILED WITH SECRETARY OF STATE  JULY 10, 2012
	APPROVED BY GOVERNOR  JULY 10, 2012
	PASSED THE SENATE  JUNE 25, 2012
	PASSED THE ASSEMBLY  MAY 14, 2012
	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Buchanan
   (Coauthors: Assembly Members Bonilla, Jeffries, Ma, Portantino,
and Wieckowski)

                        FEBRUARY 23, 2012

   An act to amend Section 496a of, and to add Section 594.05 to, the
Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1971, Buchanan. Theft: junk, metals, and secondhand materials.
   Existing law provides that every dealer in or collector of junk,
metals, or secondhand materials, or the agent, employee, or
representative of that dealer or collector, who buys or receives any
wire, cable, copper, lead, solder, mercury, iron, or brass which he
or she knows or reasonably should know is ordinarily used by or
ordinarily belongs to a railroad or other transportation, telephone,
telegraph, gas, water, or electric light company or county, city,
city and county, or other political subdivision of this state engaged
in furnishing public utility service without using due diligence to
ascertain that the person selling or delivering the same has a legal
right to do so, is guilty of criminally receiving that property, and
shall be punished by imprisonment as specified, by a fine of not more
than $250, or by both that fine and imprisonment.
   This bill would increase that maximum fine to an amount not to
exceed $1,000.
   Existing law provides that a person commits the crime of vandalism
when he or she defaces, damages, or destroys property that is not
his or her own. Existing law provides that vandalism is punishable by
imprisonment in a county jail for not more than one year, by a fine,
as specified, based on the amount of the defacement, damage, or
destruction, or by both the fine and imprisonment.
   This bill would enact a clarifying statement relating to vandalism
committed against public transit property and facilities, public
parks property and facilities, and public utilities and water
property and facilities, and would also express certain findings and
declarations of the Legislature relating to the theft of nonferrous
materials.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The theft of nonferrous materials, such as copper, copper
alloys, stainless steel, and aluminum, but excluding beverage
containers, is a serious problem in many parts of California.
   (b) The theft of these metals is having a significant negative
effect on many public agencies throughout the state, including public
transit providers.
   (c) Frequently, the cost of repairing or replacing the
infrastructure, component, or item from which the metal has been
removed greatly exceeds the value of the metal itself.
   (d) This criminal activity is costing public transit systems
millions of dollars annually.
   (e) These crimes can greatly affect the efficiency of transit
providers, causing significant vehicle speed reductions, service
disruptions, and delays.
   (f) The theft of nonferrous materials from public transit systems
also poses a significant threat to public safety.
   (g) The theft of these metals may result in the loss of power to
critical elements of the transit system and to related
communications, lighting, and other portions of the system.
   (h) Stolen cable can create dangerous conditions as stray
electrical current is conducted through other metals, creating heat
in adjacent metals, and damaging the integrity of the system in the
area of theft.
   (i) In addition to the possible dangers posed to employees and the
transit-riding public, thieves engaged in these crimes are exposed
to serious injury or death through possible electrocution.
  SEC. 2.  Section 496a of the Penal Code is amended to read:
   496a.  (a) Every person who, being a dealer in or collector of
junk, metals or secondhand materials, or the agent, employee, or
representative of such dealer or collector, buys or receives any
wire, cable, copper, lead, solder, mercury, iron or brass which he or
she knows or reasonably should know is ordinarily used by or
ordinarily belongs to a railroad or other transportation, telephone,
telegraph, gas, water or electric light company or county, city, city
and county or other political subdivision of this state engaged in
furnishing public utility service without using due diligence to
ascertain that the person selling or delivering the same has a legal
right to do so, is guilty of criminally receiving that property, and
shall be punished by imprisonment in a county jail for not more than
one year, or by imprisonment pursuant to subdivision (h) of Section
1170, or by a fine of not more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
   (b) Any person buying or receiving material pursuant to
subdivision (a) shall obtain evidence of his or her identity from the
seller including, but not limited to, that person's full name,
signature, address, driver's license number, vehicle license number,
and the license number of the vehicle delivering the material.
   (c) The record of the transaction shall include an appropriate
description of the material purchased and the record shall be
maintained pursuant to Section 21607 of the Business and Professions
Code.
  SEC. 3.  Section 594.05 is added to the Penal Code, to read:
   594.05.  (a) For purposes of Section 594, "damages" includes
damage caused to public transit property and facilities, public parks
property and facilities, and public utilities and water property and
facilities, in the course of stealing or attempting to steal
nonferrous material, as defined in Section 21608.5 of the Business
and Professions Code.
   (b) This section is declaratory of existing law.