HomeMy WebLinkAboutMINUTES - 06031986 - 1.56 TO: BOARD OF SUPE ROORS •
FROM: Phil Batchelor Contra
County Administrator
DATE: May 27, 1986 Wu*
SUBJECT: aton:Assembly Bill 3533 (Campbell)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for AB 3533 by Assemblyman Campbell.
BACKGROUND:
Under existing law, the prosecution of misdemeanors must
generally be commenced within one year of the commission of the
offense. In addition, existing law provides that the time within
which prosecution is required to be commenced for designated
hazardous waste and water pollution violations does not commence
to run until the offense is discovered, or would reasonably have
been discovered.
Assemblyman Campbell has introduced AB 3533 at the request of
District Attorney Gary Yancey. AB 3533 would require, as an
exception to the one-year rule, that prosecution for designated
misdemeanor violations of specified provisions regarding
hazardous waste and air and water pollution be commenced within
two years of commission of the violation. AB 3533 would also
extend the provision that the time within which prosecution is
required to be commenced does not commence to run until the
offense is discovered, or would reasonably have been discovered,
to designated air pollution violations.
On May 6, 1986, the Board of Supervisors referred AB 3533 to our
office for review and a report to the Board. The District
Attorney notes that AB 3533 was introduced in direct response to
such cases as the Union Oil Company refinery problems where the
statute of limitations had run before the case was referred to
the District Attorney.
The District Attorney urges the Board to support AB 3533 and this
office concurs with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 3, 1986. APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED
District Attorney -
Health Services Director : PHIL ATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Director, Community Development
Kathy Snodgrass, JacksonMarish
BY DEPUTY
M382/7-83