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SB-1266 Burglary.(2017-2018)

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Date Published: 03/19/2018 09:00 PM
SB1266:v98#DOCUMENT

Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1266


Introduced by Senator Portantino

February 15, 2018


An act to amend Section 461 of the Penal Code, relating to public safety. burglary.


LEGISLATIVE COUNSEL'S DIGEST


SB 1266, as amended, Portantino. Public safety. Burglary.
Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or for 2 or 3 years.
This bill would require a person convicted of burglary in the 2nd degree who has a prior conviction for burglary to serve a minimum of 180 days in a county jail. The bill would require a person convicted of burglary who is released from prison on parole to be subject to global position system monitoring as a condition of parole.
By increasing the penalties for an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally provides for public safety by, among other things, making specified actions a criminal offense punishable by a fine or imprisonment, providing for the enforcement of those laws by law enforcement, and establishing state prisons and county jails for the imprisonment of certain criminal offenders.

The bill would state the intent of the Legislature to enact legislation relating to public safety.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 461 of the Penal Code is amended to read:

461.
 Burglary is punishable as follows:
(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
(b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c) A person who is punished pursuant to subdivision (b) who has a prior burglary conviction shall serve a minimum of 180 days in a county jail.
(d) A person punished pursuant to this section who is released on parole shall be subject to global positioning system monitoring as a condition of parole.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to public safety.