BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 144


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          Date of Hearing:  May 6, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          144 (Mathis) - As Amended April 23, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill specifies that the fourth violation of illegal dumping  
          on private property shall be a misdemeanor punishable by up to  
          30 days in the county jail.  








                                                                     AB 144


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          FISCAL EFFECT:


          Minor, nonreimbursable costs for incarceration. 


          


          COMMENTS:


          1)Purpose.  According to the author, "Under existing law,  
            dumping in non-commercial quantities on private property is  
            only an infraction and subject to a minor fine and no jail  
            time. Illegal dumping on private property is a serious issue  
            for property owners, law enforcement agencies, and communities  
            as a whole. Dumpers impose significant clean-up costs upon the  
            owners of the afflicted property. Dumping also poses a costly  
            burden on law enforcement officials whom are called to respond  
            when an incident occurs. Communities also suffer more than a  
            nuisance as property values and revenues to local government  
            suffer due to blight from dumping. While the costs and  
            negative outcomes associated with illegal dumping on private  
            property can be high, the penalties for offenders whom are  
            apprehended are too minor to provide adequate deterrence from  
            this behavior. This bill would increase the penalty for  
            illegal dumping on private property in non-commercial  
            quantities from an infraction to a misdemeanor, subject to  
            stiffer fines and up to 30-days of jail time, to discourage  
            illegal dumping."

          2)Creates a New Misdemeanor.  This bill creates a new  
            misdemeanor where there is currently an infraction penalty.   
            Every fourth or subsequent violation of dumping waste on  
            private property shall now be punishable by a misdemeanor  
            penalty of up to 30 days in the county jail.  As a result of  








                                                                     AB 144


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            imposing a misdemeanor penalty, this legislation will permit  
            accused persons to apply for the aid of a public defender.   
            Additionally, persons charged with misdemeanor offenses may  
            demand a jury trial in Superior Court.  However, existing fine  
            is for a third or subsequent infraction is not increasing as a  
            result of this legislation.   
          
          
          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081