Amended in Senate July 2, 2014

Amended in Senate June 16, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1767


Introduced by Assembly Member Holden

February 14, 2014


An act to amend Section 33211.6 of the Public Resources Code, relating to the Santa Monica Mountains Conservancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1767, as amended, Holden. Santa Monica Mountains Conservancy: property destruction: fines.

Existing law establishes the Santa Monica Mountains Conservancy in the Natural Resources Agency and prescribes the membership, functions, and duties of the conservancy with regard to the preservation, protection, and management of specified lands in the Santa Monica Mountains. Existing law makes it a misdemeanor to dump any refuse matter, except pursuant to a specified permit, on property owned or managed by the conservancy, and posted against that dumping, or to injure, deface, or destroy any property owned or managed by the conservancy, and makes those crimes punishable by a fine of not more than $1,000, or imprisonment in the county jail for not more than 6 months, or both that fine and imprisonment.

This bill would increase the maximum fine for those crimes to $1,500.

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Existing law also makes a violation of the posted conditions of use on any property owned or managed by the conservancy a misdemeanor punishable by imprisonment in the county jail not exceeding 90 days, or by a fine of not more than $1,000, or by both that fine and imprisonment, but provides that the judge may reduce the charged offense to an infraction, punishable by a fine of not less than $100, nor more than $500.

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This bill would increase the maximum fine for a misdemeanor violation to $1,500 and would increase the fine for an infraction to not less than $250, nor more than $750. The bill would also authorize a judge to reduce a charged offense, relating to dumping any refuse matter or injuring, defacing, or destroying property, discussed above, to an infraction, as provided.

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The bill would require that the revenues from these fines be deposited into the Santa Monica Mountains Conservancy Fund and, upon appropriation, be used to pay the costs of any necessary property repairs or cleanup related to those violations, with any remaining funds to be used by the conservancy to award specified resource conservation and park grants. The bill would make related findings of legislative intent.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

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SECTION 1.  

Section 33211.6 of the Public Resources Code
2 is amended to read:

3

33211.6.  

(a) Dumping any refuse matter, except by permit
4signed by the executive director or the executive director’s
5authorized representative, on property owned or managed by the
6conservancy, and posted against that dumping, shall be a
7misdemeanor punishable by a fine of not more than one thousand
8five hundred dollars ($1,500), or imprisonment in the county jail
9for not more than six months, or both that fine and imprisonment.

10(b) Injuring, defacing, or destroying any property owned or
11managed by the conservancy or any of the natural features thereof,
12shall be a misdemeanor punishable by a fine of not more than one
13thousand five hundred dollars ($1,500), or imprisonment in the
14county jail for not more than six months, or both that fine and
15imprisonment.

16(c) Violation of the posted conditions of use on any property
17owned or managed by the conservancy is a misdemeanor
18punishable by imprisonment in the county jail not exceeding 90
P3    1days, or by a fine not exceeding one thousandbegin delete five hundredend delete dollars
2begin delete ($1,500),end deletebegin insert ($1,000),end insert or by both that fine andbegin delete imprisonment.end delete

3begin delete(d)end deletebegin deleteend deletebegin deleteAtend deletebegin insert imprisonment, except that atend insert the time a particular action
4pursuant to this section is commenced, the judge may, considering
5the recommendation of the prosecuting attorney, reduce the charged
6offense from a misdemeanor to an infraction. A person convicted
7of the offense after a reduction shall be punished by a fine of not
8less thanbegin delete two hundred fifty dollars ($250),end deletebegin insert one hundred dollars
9($100),end insert
nor more thanbegin delete seven hundred fifty dollars ($750).end deletebegin insert five
10hundred dollars ($500).end insert

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11(e) Any revenues from the fines imposed pursuant to this section
12shall be deposited into the fund and, upon appropriation by the
13Legislature, used to pay the costs of any necessary property repairs
14or cleanup related to a violation of this section, with any remaining
15funds to be used by the conservancy to award grants authorized
16by Section 33204.

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17

SEC. 2.  

The Legislature finds and declares that paragraph (3)
18of subdivision (a) of Section 33211.5 of the Public Resources Code
19is not intended to be used by the conservancy for stop sign
20photoenforcement.

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