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Senate Bill 0286


 

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Senate Bill 0286

ARCHIVE (2007)

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DIGEST OF SB286 (Updated April 25, 2007 3:07 pm - DI 84)

Environmental crimes and infractions. Makes violations of certain environmental statutes or permits Class D felonies. Makes certain environmental crimes Class C felonies if the crimes result in the death of a person. Requires a court to consider any improper economic benefit received by a defendant, including unjust enrichment, in determining the level of fine to impose. Provides that a person who makes a material misstatement in an application for a permit or for certain forms of financial assistance commits a Class D felony. Makes poisoning a water supply or tampering with a water supply with intent to cause serious bodily injury a Class B felony. Allows a prosecuting attorney to appoint the attorney general or a deputy attorney general as a special deputy prosecuting attorney to assist in criminal proceedings related to a violation of environmental law. Repeals current provisions establishing offenses that are superseded by this bill. Makes: (1) disposing of sewage accumulated in a holding tank or any other container on a watercraft in a manner that the sewage reaches or may reach public waters; or (2) depositing litter, filth, a putrid or unwholesome substance, or the contents of a toilet, catch basin, or grease trap from a watercraft into or upon public waters or the banks of public waters; a Class A infraction instead of a Class B infraction. Makes littering a Class A infraction instead of a Class B infraction if refuse is placed or left in, on, or within 100 feet of a body of water that is under the jurisdiction of the: (1) department of natural resources; or (2) United States Army Corps of Engineers. Requires that a civil judgment of at least $1,000 be imposed for these Class A infractions.
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