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AB-1326 Petty theft: subsequent convictions.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB1326:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1326


Introduced by Assembly Members Cooper and Cervantes
(Coauthor: Assembly Member Bocanegra)(Coauthors: Assembly Members Arambula, Bocanegra, Calderon, Chau, Dababneh, Grayson, and Lackey)
(Coauthor: Senator Wilk)

February 17, 2017


An act to amend Section Sections 459.5, 490.2, and 666 of the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 1326, as amended, Cooper. Petty theft: subsequent convictions.
Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years.
This bill would expand those enhanced petty theft penalties to a person who has a prior conviction for any serious or violent felony, and to any person who as 3 or more prior convictions for crimes such as petty theft, grand theft, and burglary. The bill would also authorize the court, when it is in the interests of justice, to order a person convicted of a felony violation under those provisions to complete a licensed drug rehabilitation program in lieu of part or all of any term of imprisonment. The bill would provide that as a condition of that sentence, the court may require the offender to pay all or a portion of the drug rehabilitation program, as specified. The bill would make additional conforming changes.
The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors.
This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the statewide general election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 459.5 of the Penal Code is amended to read:

459.5.
 (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except as provided in subdivisions (a) and (b) of Section 666, and except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.

SEC. 2.

 Section 490.2 of the Penal Code is amended to read:

490.2.
 (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, or real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except as provided in subdivisions (a) and (b) of Section 666, and except that such the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
(b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.
(c) This section shall not apply to theft of a firearm.

SECTION 1.SEC. 3.

 Section 666 of the Penal Code is amended to read:

666.
 (a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
(1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2) This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.
(c) (1) The court may, when it is in the interests of justice, order a person convicted of a felony violation of subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of any term of imprisonment. As a condition of that sentence, the court may require the offender to pay all or a portion of the drug rehabilitation program, to the extent the offender is financially able to do so.
(2) Paragraph (1) does not prevent deferred entry of judgment or a defendant’s participation in a preguilty plea drug court program under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 unless the person is charged with violating subdivision (b) or (c) of Section 243.

SEC. 2.

Section 1

SEC. 4.

 Sections 1, 2, and 3 of this act amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. The Secretary of State shall submit Section 1 Sections 1, 2, and 3 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.