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AB-1772 Robbery.(2021-2022)

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Date Published: 02/03/2022 09:00 PM
AB1772:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1772


Introduced by Assembly Member Smith

February 03, 2022


An act to amend Section 212.5 of the Penal Code, relating to robbery.


LEGISLATIVE COUNSEL'S DIGEST


AB 1772, as introduced, Smith. Robbery.
Existing law defines the crime of robbery as the felonious taking of another’s personal property from the individual’s person or immediate presence, against the individual’s will, by means of force or fear. Existing law establishes that a robbery of a person who is performing their duties as an operator of a vehicle, as specified, and used for the transportation of persons for hire, a robbery of a passenger that is perpetrated on a vehicle for hire, a robbery that is perpetrated in an inhabited dwelling, as defined, such as a vessel, trailer coach, or inhabited floating home, and a robbery of a person using or immediately after using and in the vicinity of an automated teller machine, is robbery of the first degree.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 212.5 of the Penal Code is amended to read:

212.5.
 (a) Every robbery of any person who is performing his or her their duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.
(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.