Title
Chief Administrative Office recommending the Board approve and authorize the Chair to sign a Letter of Support for Assembly Bill (AB) 1941 (Gonzalez) which would create new crimes of organized metal theft, to include copper wire and other materials used by utilities and municipalities, and make a violation punishable as either a misdemeanor or a felony.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
Current law makes it a crime for dealers or collectors of junk, metals, or secondhand materials-and their employees or agents-to buy or receive certain metals (including wire, cable, copper, lead, solder, mercury, iron, or brass) if they know, or should reasonably know, that the material belongs to a railroad, a utility company, or a public agency. If the buyer fails to use due diligence to confirm the seller’s legal right to the material, the buyer may be guilty of criminally receiving stolen property and may be fined up to $5,000 in addition to possible imprisonment.
Summary of Proposed Legislation
AB 1941 would create new penalties related to organized metal theft. The bill defines organized metal theft as any of the following actions:
• Working with one or more individuals to steal metal materials.
• Working with two or more individuals to receive, buy, or possess metal materials known or believed to be stolen.
• Acting as an agent for another person to steal metal materials as part of a planned theft operation.
• Recruiting, organizing, directing, supervising, managing, or financing another person to commit metal theft.
A violation of these provisions may be charged as either a misdemeanor or a felony.
The bill also expands information sharing related to metal theft. Current law encourages local law enforcement to report metal theft incidents to a privately maintained theft alert system. The proposed bill would authorize local law enforcement agencies, public agencies, and private entities to provide information about metal theft to the Department of Justic...
Click here for full text