Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1652

Introduced by Assembly Member Wicks

February 22, 2019

An act to amend Section 405 374.7 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1652, as amended, Wicks. Crimes: riots. littering.
Existing law prohibits littering or dumping waste into a body of water, as specified, or onto a beach or shoreline. A violation of this prohibition is a misdemeanor punishable by a fine.
Under existing law, the court may, in addition to a fine, order a convicted person to pick up litter as a condition of probation.
This bill would instead authorize the court to order a person to perform community service, including, but not limited to, picking up litter.

Existing law makes it a crime for a person to participate in a riot, as defined.

This bill would make technical, nonsubstantive changes to that prohibition.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 374.7 of the Penal Code is amended to read:

374.7.
 (a) A person who litters or causes to be littered, or dumps or causes to be dumped, waste matter into a bay, lagoon, channel, river, creek, slough, canal, lake, or reservoir, or other stream or body of water, or upon a bank, beach, or shore within 150 feet of the high water mark of a stream or body of water, is guilty of a misdemeanor.
(b) A person convicted of a violation of subdivision (a) 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 subsequent conviction.
(c) 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 any person convicted of a violation of subdivision (a), pick (a) perform not less than eight hours of community service, including, but not limited to, picking up litter at a time and place within the jurisdiction of the court for not less than eight hours. court.

SECTION 1.Section 405 of the Penal Code is amended to read:
405.

A person who participates in a riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.