HomeMy WebLinkAboutMINUTES - 05051987 - 1.38 TO- BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator
Costa
DATE: April 28, 1987 County
SUBJECT:
Legislation: Senate Bill 1427 (Marks)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in support of SB 1427 by Senator Milton Marks
which reclassifies fish and game violations as infractions rather
than misdemeanors.
BACKGROUND:
Currently, violations of the Fish and Game Code are misdemeanors
punishable generally by a fine of not more than $1, 000 or
imprisonment in the county jail for not more than six months, or
by both the fine and imprisonment. According to Roy Chiesa,
Clerk-Administrator of the Walnut Creek-Danville Municipal Court,
violations of the Fish and Game Code represent one of the last
remaining blocks of violations which have not been reclassified
as infractions. Senator Milton Marks has introduced SB 1427
which would reclassify violations of the Fish and Game Code as
infractions, punishable by a fine of not more than $1,000 .
In violating an infraction, of course, an individual does not
have a right to a trial by jury nor can he request representation
by the Public Defender, both of which are savings to the county.
Most violations of the Fish and Game Code are relatively minor,
although the bill retains a relatively high maximum fine for
these violations. Many other minor criminal (non-traffic)
offenses have already been reclassified as infractions.
Since SB 1427 makes Fish and Game Code violations similar to
other minor criminal offenses, while retaining a fairly high
maximum fine and thereby saves the County jury costs and
representation by the Public Defender, Mr. Chiesa recommends that
the Board of Supervisors support SB 1427 and this office concurs
in that recommendation.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
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SIGNATURE S p
ACTION OF BOARD ON May 5, 1987 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TARN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator CSAC Director MAY 51987
cc: District Attorney D. J. Smith ATTESTED _
Public Defender Senator Marks PHIL BATCHELOR, CLERK OF THE BOARD OF
Sheri ff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
Roy Chiesa, W.C. -Danville Muni Ct.
Jackson/Barish & Associates BY kax&� DEPUTY
M382/7-83