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SB-903 Grand theft: agricultural equipment.(2019-2020)

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Date Published: 09/30/2020 09:00 PM
SB903:v97#DOCUMENT

Senate Bill No. 903
CHAPTER 232

An act to amend Section 489 of the Penal Code, relating to grand theft, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 28, 2020. Filed with Secretary of State  September 28, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 903, Grove. Grand theft: agricultural equipment.
Under existing law, obtaining by theft property with a value under $950 is petty theft, punishable as a misdemeanor, and obtaining by theft property with a value over $950 is grand theft, punishable as a misdemeanor or a felony. Existing law authorizes a fine of $1,000 for a misdemeanor or $10,000 for a felony, upon conviction for a crime punishable by imprisonment for which a fine is not prescribed. Existing law requires the proceeds of a fine imposed for a grand theft involving agricultural property, as specified, in counties participating in the Rural Crime Prevention Program to be allocated by the Controller, upon appropriation by the Legislature, to the Central Valley Rural Crime Prevention Program or the Central Coast Rural Crime Prevention Program.
This bill would require the funds to be allocated in accordance with a specified rural crime prevention program schedule.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 489 of the Penal Code is amended to read:

489.
 Grand theft is punishable as follows:
(a) If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, or two or three years.
(b) If the grand theft involves a violation of Section 487a, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. The proceeds of this fine shall be allocated to the Bureau of Livestock Identification to be used, upon appropriation by the Legislature, for purposes relating to the investigation of cases involving grand theft of any animal or animals, or of the carcass or carcasses of, or any portion of the carcass or carcasses of, any animal specified in Section 487a.
(c) (1) In all other convictions for grand theft not described in either subdivision (a) or (b), by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2) In a county participating in a rural crime prevention program pursuant to Title 11.5 (commencing with Section 14170) or Title 11.7 (commencing with Section 14180) of Part 4, the proceeds of a fine imposed pursuant to a conviction for a violation of Section 487k shall be allocated by the Controller, upon appropriation by the Legislature, to the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program, in accordance with the schedule specified in paragraph (12) of subdivision (c) of Section 13821.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
It is necessary to ensure that the proceeds of fines imposed upon a defendant for a conviction for violation of Section 487k of the Penal Code are allocated in accordance with existing rural crime prevention program allocation schedules at the earliest possible time.