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SB-916 Burglary of a vehicle.(2017-2018)

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Date Published: 01/22/2018 09:00 PM


Senate Bill No. 916

Introduced by Senator Wiener
(Coauthors: Assembly Members Chiu and Ting)

January 22, 2018

An act to amend Section 459 of the Penal Code, relating to crime.


SB 916, as introduced, Wiener. Burglary of a vehicle.
Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor.
This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


 Section 459 of the Penal Code is amended to read:

 Every (a) A person who enters any a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle vehicle, as defined by the Vehicle Code, when the doors are locked, aircraft locked or forced entry is used, aircraft, as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any a felony is guilty of burglary. As used in
(b) For purposes of this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes inhabited if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

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.