Bill Text: CA AB508 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Probation: environmental crimes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-09-30 - Chaptered by Secretary of State - Chapter 264, Statutes of 2023. [AB508 Detail]
Download: California-2023-AB508-Introduced.html
Bill Title: Probation: environmental crimes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-09-30 - Chaptered by Secretary of State - Chapter 264, Statutes of 2023. [AB508 Detail]
Download: California-2023-AB508-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 508
| Introduced by Assembly Member Petrie-Norris (Principal coauthor: Assembly Member Davies) (Principal coauthors: Senators Min and Newman) (Coauthor: Assembly Member Chen) |
February 07, 2023 |
An act to add Section 1204.1 to the Penal Code, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 508, as introduced, Petrie-Norris.
Probation: environmental crimes.
Existing law authorizes courts generally to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years. Existing law authorizes courts in misdemeanor cases to suspend a sentence and make and enforce terms of probation for a period not to exceed one year.
This bill would instead authorize a court to impose a period of probation for a maximum period of 5 years in specified crimes relating to, among other things, fish and game, pesticides, oil dumping and spills, waste management, and animal cruelty. By expanding the punishment for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1204.1 is added to the Penal Code, to read:1204.1.
(a) The Legislature finds and declares that environmental crimes are public welfare offenses resulting from violations of statutes designed to safeguard against threats or injury to the health and safety of the public and California’s environment and precious natural resources.(b) Notwithstanding Sections 1203.1 or 1203a, if a person is granted probation upon conviction of an environmental crime, the term of probation shall not exceed five years, which may include a period of summary probation as appropriate. For purposes of this section, environmental crimes means violations of any crimes in the following sections:
(1) Division 3 (commencing with Section 2000), Division 4
(commencing with Section 3000), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 5500), and Division 9 (commencing with Section 12000) of the Fish and Game Code.
(2) Section 12996 of the Food and Agriculture Code.
(3) Sections 132 and 133 of the Harbors and Navigation Code.
(4) Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code.
(5) Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code.
(6) Chapters 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with Section
25500) of Division 20 of the Health and Safety Code.
(7) Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code.
(8) Sections 372, 373a, 374.2, 374.5, 374.8, 597, 653o, 653p, and 653q of the Penal Code.
(9) Sections 32001 and 34506 of the Vehicle Code.
(10) Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code.
