Bill Text: CA AB2298 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Insurance: public safety employees: accidents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 823, Statutes of 2012. [AB2298 Detail]

Download: California-2011-AB2298-Amended.html

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BILL NUMBER: AB 2298	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members Ma and Achadjian

                        FEBRUARY 24, 2012

   An act to add Title 11.8 (commencing with Section 14190.15) to
Part 4 of the Penal Code, relating to metal theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2298, as amended, Ma. Metal theft and related recycling crimes.

   Existing law  , commencing July 1, 2012, 
establishes the Board of State and Community Corrections  as
an entity independent of the Department of Corrections and
Rehabilitation and commencing that date deems any reference to the
"Board of Corrections" or the "Corrections Standards Authority" to
refer, instead, to the Board of State and Community Corrections
  to, among other things, promote effective state and
local efforts and partnerships in California's adult and juvenile
criminal justice system .
   This bill  ,   on and after January 1, 2015, 
would require the  Board of State and Community Corrections
  board  to establish a Metal Theft Task Force
Program to provide grants to applicant regional task forces for the
purposes of providing local law enforcement and district attorneys
with the tools necessary to successfully interdict the commission of
metal theft and related metal recycling crimes.
    This   The  bill  , on and 
 after January 1, 2015,  would establish the Metal Theft
Task Force Fund  , to be administered by the board,  and
 would  , upon appropriation by the Legislature,
 would  make moneys in the fund available for  these
 purposes  of the program  .
   The bill would require the board to regularly review the program
and report to the Governor and the  Legislature. 
 Legislature, and 
    The bill  would  provide  
specify  that  this   the  program
shall not be implemented until the Department of Finance determines
that sufficient funding has been deposited in the Metal Theft Task
Force Fund to implement the program and funds have been made
available upon appropriation by the Legislature  , as
specified  .
   This bill would also  declare the   state
 findings  and declarations  of the Legislature
 that   relative to  metal theft 
is a serious problem in California  and the intent of the
Legislature to provide local law enforcement with the tools to
interdict metal theft and related metal recycling crimes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) The theft of metal is a serious problem in California. Losses
due to metal theft are not limited to just the value of the metal
taken, but 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. The United
States Department of Energy estimates that metal theft costs United
States businesses approximately one billion dollars ($1,000,000,000)
annually.
   (b) It is the intent of the Legislature in enacting this title to
provide local law enforcement and district attorneys with the tools
necessary to successfully interdict the commission of metal theft and
related metal recycling crimes.
  SEC. 2.  Title 11.8 (commencing with Section 14190.15) is added to
Part 4 of the Penal Code, to read:

      TITLE 11.8.  THEFT AND RECYCLING OF METALS


   14190.15.  For the purposes of this title, the following terms
have the following meanings:
   (a) "Fund" means the Metal Theft Task Force Fund.
   (b) "Board" means the Board of State and Community Corrections.
   (c) "Program" means the Metal Theft Task Force Program.
   14190.20.  (a) The Metal Theft Task Force Fund is hereby
established within the State Treasury. Transfers to the Metal Theft
Task Force Fund shall be deposited in the Treasury, or in a state
depository bank approved by the Treasurer. These funds shall, upon
appropriation by the Legislature, be available for the purposes set
forth in this title.
   (b) The fund shall consist of moneys deposited into the fund from
the federal government, industry, and citizen sources.
   (c) Funds provided under this program are intended to ensure that
law enforcement is equipped with the necessary personnel and tools to
successfully combat metal theft and related recycling crimes, which
include, but are not limited to, all of the following offenses:
   (1) The theft of metals, including, but not limited to, nonferrous
metals.
   (2) The purchase and recycling of stolen metals, including, but
not limited to, recycled metal beverage containers, by recyclers.
   (3) The transportation of stolen metals from this state to another
state.
   (4) The transportation of stolen metals from another state to this
state.
   14190.25.  (a) The fund shall be administered by the board.
   (b) The board may adopt regulations as needed to administer this
title.
   (c) Administration of the overall program and the evaluation and
monitoring of all grants made pursuant to this title shall be
performed by the board.
   14190.30.  (a) The board shall establish the Metal Theft Task
Force Program. Administration of the overall program and the
evaluation and monitoring of all grants made pursuant to this title
shall be performed by the board.
   (b) Moneys appropriated to the board for the program shall be
expended to fund programs that enhance the capacity of local law
enforcement and prosecutors to deter, investigate, and prosecute
metal theft and related recycling crimes.
   (c) After deduction of the board's actual and necessary
administrative costs, the funds shall be expended to fund programs to
enhance the capacity of local law enforcement and prosecutors to
deter, investigate, and prosecute metal theft and related recycling
crimes.
   (d) Funds distributed under this program shall be expended for the
exclusive purpose of deterring, investigating, and prosecuting metal
theft and related recycling crimes.
   (e) Up to 10 percent of the funds may, upon appropriation, be used
for developing and maintaining a statewide database on metal theft
and related recycling crimes for use in developing and distributing
intelligence information to participating law enforcement agencies.
   14190.35.  (a) The board shall develop specific guidelines and
administrative procedures for the selection of regional task forces
to receive funds under this program, as follows:
   (1) Each regional task force that seeks funds shall submit a
written application to the board setting forth in detail the proposed
use of funds.
   (2) Each regional task force shall be identified by a name that is
appropriate to the area that it serves. In order to qualify for
funds, a regional task force shall be comprised of local law
enforcement and prosecutors from at least two counties.
   (3) Each task force shall consult with experts from the United
States military, the California Military Department, the Department
of Justice, other law enforcement entities, and various other state
and private organizations as deemed necessary to maximize the
effectiveness of this program.
   (4) Priority shall be given to regional task forces outside of the
13 counties funded under the rural crime prevention programs
authorized pursuant to Sections 14170 and 14180.
   (b) The guidelines shall include all of the following selection
criteria that shall be considered by the board in awarding grant
funds:
   (1) The number of metal theft or related recycling crime cases
filed in the prior year.
   (2) The number of metal theft or related recycling crime cases
investigated in the prior year.
   (3) The number of victims involved in the cases filed.
   (4) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
   (5) Local funds available to assist the regional task force.
   (6) The number of licensed recycling facilities in the region.
   14190.40.  (a) Each regional task force that has been awarded
funds authorized under the program during the previous grant-funding
cycle, upon reapplication for funds to the board in each successive
year, shall submit a detailed accounting of funds received and
expended in the prior year in addition to any information required by
this title.
   (b) The accounting shall include all of the following information:

   (1) The amount of funds received and expended.
   (2) The use to which those funds were put, including payment of
salaries and expenses, purchase of equipment and supplies, and other
expenditures by type.
   (3) The number of filed complaints, investigations, arrests, and
convictions that resulted from the expenditure of the funds.
   14190.45.  (a) The board shall regularly review the effectiveness
of the program in deterring, investigating, and prosecuting metal
theft and related recycling crimes and shall, notwithstanding Section
10231.5 of the Government Code, present a report to the Legislature
and Governor.
   (b) The report shall be based on information provided by the
regional task forces in an annual report to the board which shall
detail all of the following:
   (1) The number of metal theft and recycling crime cases filed in
the prior year.
   (2) The number of metal theft and recycling crime cases
investigated in the prior year.
   (3) The number of victims involved in the cases filed.
   (4) The number of convictions obtained in the prior year.
   (5) The total aggregate monetary loss suffered by the victims,
including damage caused by the theft.
   (6) An accounting of funds received and expended in the prior
year, which shall include all of the following:
   (A) The amount of funds received and expended.
   (B) The uses to which those funds were put, including payment of
salaries and expenses, purchase of supplies, and other expenditures.
   (C) Any other relevant information requested.
   14190.50.  The program established pursuant to this title shall
not be implemented until the Department of Finance determines that
sufficient funds have been deposited in the Metal Theft Task Force
Fund to implement the provisions of this title and funds have been
made available for the purposes of this title upon appropriation by
the Legislature as provided in subdivision (a) of Section 14190.20.

   14190.55.  This title shall become operative on January 1, 2015.