AG Bonta Says He’ll Rule on Fresno’s Copper Wire Theft Ordinance

Attorney General Rob Bonta’s office told GV Wire Wednesday that he will issue long-awaited guidance on a copper wire theft ordinance passed in April 2025 by the city and county of Fresno, though his office would not say when.

This comes after Fresno County District Attorney Lisa Smittcamp went on KMJ radio’s Ray Appleton program to defend her choice not to prosecute thefts using the ordinance.

While Fresno City Attorney Andrew Janz says he has moved forward with prosecuting under the ordinance — with five cases and several others under investigation since it was passed last year — Smittcamp said on the program that convictions could be overturned under state law, possibly leaving the city or county liable for wrongful arrest lawsuits.

Janz told GV Wire that Bonta has not disputed the program that both he and Fresno County Sheriff John Zanoni have called successful.

“We have received the request and accepted it,” the AG’s office told GV Wire. “We expect the Attorney General to issue an opinion addressing the question of whether Fresno County Ordinance No. 25-008 is preempted by state law but are unable to speak to timing.”

Smittcamp told Appleton she expects a response by early summer.

“I’m strongly in favor of the ordinance. I think it’s fantastic, but we have to go through the procedure in order to abide by the law,” Smittcamp said.

City, County Could Be Liable: Smittcamp

A sheriff’s deputy told GV Wire last week they’ve noticed a rise in copper wire theft, as have members of the ag community. In addition to well pumps, thieves are targeting solar farms.

But while the district attorney’s office will prosecute under other state laws, sheriff’s deputies are turning to the city attorney to prosecute under the 2025 ordinance.

In April 2025, county supervisors and the city council passed respective ordinances allowing law enforcement to seize copper from people carrying more than 10 pounds of the material and who can’t prove they own it.

Crafting the ordinance brought together Fresno County supervisors, Fresno County Counsel, Fresno City councilmembers, and the Fresno City Attorney’s Office.

After GV Wire published a story about the decision, Smittcamp went on Appleton’s program to point out a perceived shortcoming. She said that without backing by the state, local governments could be sued by people accused of copper wire theft.

“There’s the potential for civil liabilities, right? Now you’re looking at unlawful arrest, you’re looking at a false imprisonment if somebody is taken to jail, you’re looking at malicious prosecution,” Smittcamp said. “You’re looking at civil penalties that could potentially go to the city or the county if this (ordinance) is reversed.”

People Want Action Now: Janz

Since the beginning of 2026, Smittcamp has received nine copper wire theft cases with four filed. She said she hasn’t noticed a spike in the crime and that increases may be due to perception.

Responding to questions from GV Wire, Janz said most cases of copper wire theft occur outside the city limits on land belonging to farmers, outside his jurisdiction. He said copper wire investigations can be time and labor intensive, but that none of the cases have been disputed.  He added that prosecutors only bring cases that can be proved beyond a reasonable doubt.

And, while Smittcamp criticized Janz’s close relationship with Bonta, the city attorney said, “I don’t see it being a negative to have a strong working relationship with the attorney general.”

“Farmers, small business owners, and voters don’t care which government agency is working to tackle the copper wire problems, they just want the issue addressed,” Janz said. “I agree with Supervisor (Garry) Bredefeld that we can’t wait for permission from Sacramento to fight crime. People want action now.”

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