BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 144 Hearing Date: June 9, 2015
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|Author: |Mathis |
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|Version: |June 1, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|MK |
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Subject: Dumping
HISTORY
Source: Tulare County Sheriff
Prior Legislation: AB 1992 (Canciamilla) Chapter 416, Stats.
2006
AB 2253 (Hancock) Chapter 765, Stats. 2006
AB 1802 (Bogh) Chapter 137, Stats. 2004
AB 1799 (Migden) Chapter 50, Stats. 1998
Support: Unknown
Opposition:None known
Assembly Floor Vote: 78 - 0
PURPOSE
The purpose of this bill is to increase the fines for dumping
waste matter on private property under specified circumstances.
Existing law states that it is unlawful to dump or cause to be
dumped waste matter in or upon a public or private highway or
road, including any portion of the right-of-way thereof, or in
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or upon private property into or upon which the public is
admitted by easement or license, or upon private property
without the consent of the owner, or in or upon a public park or
other public property other than property designated or set
aside for that purpose by the governing board or body having
charge of that property. (Penal Code § 374.3 (a).)
Existing law provides it is unlawful to place, deposit, or dump,
or cause to be placed, deposited, or dumped, rocks, concrete,
asphalt, or dirt in or upon a private highway or road, including
any portion of the right-of-way of the private highway or road,
or private property, without the consent of the owner or a
contractor under contract with the owner for the materials, or
in or upon a public park or other public property, without the
consent of the state or local agency having jurisdiction over
the highway, road, or property. (Penal Code, § 374.3 (b).)
Existing law states that a person violating dumping provisions
is guilty of an infraction. Each day that waste placed,
deposited, or dumped in violation the law is a separate
violation. (Penal Code, § 374.3 (c).)
Existing law provides these provisions do not restrict a private
owner in the use of his or her own private property, unless the
placing, depositing, or dumping of the waste matter on the
property creates a public health and safety hazard, a public
nuisance, or a fire hazard, as determined by a local health
department, local fire department or district providing fire
protection services, or the Department of Forestry and Fire
Protection, in which case this section applies. (Penal Code, §
374.3 (d).)
Existing law specifies a person convicted of dumping shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon
a first conviction, by a mandatory fine of not less than five
hundred dollars ($500) nor more than one thousand five hundred
dollars ($1,500) upon a second conviction, and by a mandatory
fine of not less than seven hundred fifty dollars ($750) nor
more than three thousand dollars ($3,000) upon a third or
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subsequent conviction. If the court finds that the waste matter
placed, deposited, or dumped was used tires, the fine prescribed
in this subdivision shall be doubled. (Penal Code, § 374.3.
(e).)
Existing law provides that the court may require, in addition to
any fine imposed upon a conviction, that, as a condition of
probation and in addition to any other condition of probation, a
person convicted under this section remove, or pay the cost of
removing, any waste matter which the convicted person dumped or
caused to be dumped upon public or private property. (Penal
Code, § 374.3 (f).)
Existing law provides that except when the court requires the
convicted person to remove waste matter which he or she is
responsible for dumping as a condition of probation, the court
may, in addition to the fine imposed upon a conviction, require
as a condition of probation, in addition to any other condition
of probation, that a person convicted of a violation of this
section pick up waste matter at a time and place within the
jurisdiction of the court for not less than 12 hours. (Penal
Code, § 374.3 (g).)
Existing law states that a person who places, deposits, or
dumps, or causes to be placed, deposited, or dumped, waste
matter in violation of this section in commercial quantities
shall be guilty of a misdemeanor punishable by imprisonment in a
county jail for not more than six months and by a fine. The fine
is mandatory and shall amount to not less than one thousand
dollars ($1,000) nor more than three thousand dollars ($3,000)
upon a first conviction, not less than three thousand dollars
($3,000) nor more than six thousand dollars ($6,000) upon a
second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a
third or subsequent conviction. ( Penal Code § 374.3 (h)(1))
Existing law defines "commercial quantities" means an amount of
waste matter generated in the course of a trade, business,
profession, or occupation, or an amount equal to or in excess of
one cubic yard. This subdivision does not apply to the dumping
of household waste at a person's residence. (Penal Code §
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374.3(h)(2))
Existing law provides that a motor vehicle used for illegal
dumping of waste matter on public or private property is subject
to impoundment. (Vehicle Code § 23112.7)
This bill provides that a person who places, deposits or dumps
or causes to be placed, deposited or dumped, waste matter on
private property, including on any private highway or road,
without the consent of the owner shall be punished by a fine as
follows:
First conviction: infraction with a fine of not less
than $250 nor more than $1,000;
Second conviction: infraction with a fine of not less
than $500 nor more than $1,500;
Third conviction: infraction with a fine of not less
than $750 nor more than $3,000;
Fourth conviction: misdemeanor with a penalty of up to
30 days in county jail and a fine of $750-$3,000.
This bill provides that if the court finds that waste matter
placed, deposited or duped includes used tires the fines listed
above shall be doubled.
This bill provides that a separate fine in the same amount shall
accrue for each day that the waste placed deposited or dumped
remains unabated but shall not result in an additional
conviction, except that a fourth or subsequent violation shall
not result in the accrual of a separate fine or violation.
COMMENTS
1. Need for The Bill
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.
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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 upon
conviction for a 4th offense to discourage illegal
dumping.
2. Dumping in Non-Commercial Quantities
Under current law dumping waste matter in commercial quantities
is a misdemeanor. The dumping of other waste upon a public
highway or road or upon private property into which the public
is admitted is an infraction. It is also an infraction to dump
rocks, concrete, asphalt or dirt in or upon a private highway or
road or private property without the consent of the owner or in
a public park or public property. The infraction penalties for
the above are:
First conviction: infraction with a fine of not less
than $250 nor more than $1,000 (with penalty assessments
more than $1,000-$4,000;
Second conviction: infraction with a fine of not less
than $500 nor more than $1,500 (with penalty assessments
more than $2,000- $6,000);
Third conviction: infraction with a fine of not less
than $750 nor more than $3,000 (with penalty more than
$3,000-$12,00).
If the tires are among the items dumped, then the above fines
are doubled.
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This bill would make dumping on private property in
non-commercial quantities and in a manner and type not currently
covered an infraction with the same penalties for the first
through third offense that exist currently for non-commercial
dumping in specified circumstances and make a fourth or
subsequent offense a misdemeanor. Thus, the new fines for
dumping on private land, that is not land upon which the public
is permitted and what is dumped is not rock, concrete, asphalt,
or dirt would be:
First conviction: infraction with a fine of not less
than $250 nor more than $1,000 (with penalty assessments
more than $1,000-$4,000);
Second conviction: infraction with a fine of not less
than $500 nor more than $1,500 (with penalty assessments
more than $2,000- $6,000);
Third conviction: infraction with a fine of not less
than $750 nor more than $3,000 (with penalty more than
$3,000-$12,00);
Fourth conviction: misdemeanor with a penalty of up to
30 days in county jail and a fine of $750-$3,000 (with
penalty assessments more than $3,000-$12,000).
The above fines are doubled if the things dumped include used
tires and accrue daily as long as the dumped material remains.
3. Same Fines/ Same Behavior?
This bill adopts a similar, but not identical, penalty structure
for dumping on private land as exists for dumping on public or
private land that the public has access to, or for dumping
rocks, concrete asphalt or dirt. The penalty in this bill
differs in two ways: it creates a misdemeanor for a fourth
offense and it allows the fine to be imposed daily as long as
the waste dumped remains unabated.
Should the fines be the same for dumping on private property as
they are for dumping on private property onto which the public
is admitted or for dumping rocks, concrete asphalt or dirt upon
a private highway or road?
Should a fourth offense be a misdemeanor?
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Should the fines accumulate per day? Is this behavior more
serious than the existing dumping sections so that the daily
accrual is necessary?
4. Infractions With High Fines
Penalty assessments currently are 310% plus at least $79 in flat
fees which are higher under specified circumstances. Thus, a
$1,000 fine is closer to $4,100. According to the Senate Public
Safety analysis, when the penalties for dumping of
non-commercial quantities that this bill is based on, passed
with AB 1802(Bogh) in 2004, the penalty assessments were $240%
with a $20 additional flat fee so at the time a $1,000 fine was
closer to $3,400.
A person charged with an infraction has no right to have counsel
appointed. Are fines this high appropriate for an infraction?
Similar fines have existed but were substantially lower when
instituted over 10 years ago because the penalty assessments
were lower, does the increased penalty assessments change how
new fines should be created?
A person charged with an infraction may ask for a judge trial
but in some counties a person must pay the entire amount of the
fine before he or she can have a hearing on the matter. Thus,
under this bill a person who wants to challenge the charge of
dumping could have to pay the entire fine, which could be very
substantial if the items remained on the property for multiple
days, before having the opportunity to argue before a judge that
they were not the person who did the dumping. Will this cause a
burden to those who have a legitimate challenge to charges?
-- END -
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