Bill Text: CA AB909 | 2013-2014 | Regular Session | Enrolled
Bill Title: Metal theft and related recycling crimes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB909 Detail]
Download: California-2013-AB909-Enrolled.html
BILL NUMBER: AB 909 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JULY 2, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Gray
FEBRUARY 22, 2013
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 909, Gray. Metal theft and related recycling crimes.
Existing law provides that any person who feloniously steals,
takes, or carries away the personal property of another, or who
fraudulently appropriates property that has been entrusted to him or
her, is guilty of theft. Existing law also provides that a person
who, being a dealer in or collector of junk, metals, or secondhand
materials, buys or receives any wire, cable, copper, lead, solder,
mercury, iron, or brass that 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, or city and county 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.
Existing law establishes the Department of Justice, which is
headed by the Attorney General and tasked with, among other things,
representing California in criminal cases.
This bill, on and after January 1, 2015, would require the
Department of Justice to establish a Metal Theft Task Force Program
to provide grants to applicant regional task forces for the purpose
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. The bill, on and after
January 1, 2015, would establish the Metal Theft Task Force Fund, to
be administered by the department, and, upon appropriation by the
Legislature, would make moneys in the fund available for the purposes
of the program.
The bill would require the department to regularly review the
program and report to the Governor and the Legislature, and would
specify that the program 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.
This bill would also state findings and declarations of the
Legislature relative to metal theft and the intent of the Legislature
to provide local law enforcement with the tools to interdict metal
theft and related metal recycling crimes.
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 the value of the metal taken,
but frequently include the cost of repairing or replacing the
infrastructure, component, or item from which the metal was removed,
which greatly exceeds the value of the metal itself.
(b) The United States Department of Energy estimates that metal
theft costs United States businesses approximately one billion
dollars ($1,000,000,000) annually.
(c) It is the intent of the Legislature in enacting this act 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) "Department" means the Department of Justice.
(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 private sources. General Fund
moneys shall not be deposited into the fund nor used to start up,
implement, or support the continuing administration of the provisions
of this title.
(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 department.
(b) The department 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 department.
14190.30. (a) The department 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 department.
(b) Moneys appropriated to the department 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 department'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) 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 department 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 department 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 may consult with experts from the United
States military, the California Military Department, law enforcement
entities, and various other state and private organizations,
including pertinent trade associations, 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 department 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 department 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 department 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 department 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. (a) 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.
(b) The department shall be required to implement the provisions
of this title only upon the availability of funds appropriated for
that purpose, in an amount sufficient to cover all costs relating to
the startup, implementation, and continuing administration of the
provisions of this title.
14190.55. This title shall become operative on January 1, 2015.
