Today's Law As Amended


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AB-2369 Proposition 47: repeat offenses within 12 months.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 490.2 of the Penal Code is amended to read:

490.2.
 (a) Notwithstanding Section 487 or any other law defining grand theft, obtaining any property by theft where the value of the money, labor, 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, with the following exceptions:
(a) (1)  Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, 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 that such  A  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.
(2) It is grand theft, as described in paragraph (2) of subdivision (d) of Section 487, when any of the items taken is a firearm and the person shall be punished pursuant to subdivision (a) of Section 489.
(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.

SEC. 2.

 Section 666.1 is added to the Penal Code, to read:

666.1.
 (a) Notwithstanding any other law, a person who has been convicted of a misdemeanor violation of any of the crimes listed in subdivision (b) may be punished either by imprisonment for not more than a year in a county jail or by imprisonment pursuant to subdivision (h) of Section 1170 if the following criteria are met:
(1) The person has previously been convicted of the crimes listed in subdivision (b) two or more times.
(2) The date that two or more of the prior crimes were committed was within 36 months of the date of the commission of the crime for which the person is being punished under this subdivision.
(b) (1) Shoplifting of an item with a value of more than nine hundred fifty dollars ($950).
(2) Forgery relating to a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order, where the value of the check, bond, bank bill, note, cashier’s check, traveler’s check, or money order does not exceed nine hundred fifty dollars ($950).
(3) A violation of Section 476a where the amount of all checks, drafts, or orders is more than four hundred fifty dollars ($450) but less than nine hundred fifty dollars ($950).
(4) Petty theft of any of the following:
(A) Domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops with a value exceeding two hundred fifty dollars ($250) but less than nine hundred fifty dollars ($950).
(B) Fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation with a value exceeding two hundred fifty dollars ($250) but less than nine hundred fifty dollars ($950).
(C) Property taken from the person of another with a value of less than nine hundred fifty dollars ($950).
(D) An automobile with a value of less than nine hundred fifty dollars ($950).
(5) A violation of Section 496 where the property has a value of less than nine hundred fifty dollars ($950).
(6) Unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, possession of a controlled substance that is any of the following:
(A) Specified in subdivision (b) or (c) or paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code.
(B) Specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054 of the Health and Safety Code.
(C) Specified in subdivision (b) or (c) of Section 11055 of the Health and Safety Code.
(D) Specified in subdivision (h) of Section 11056 of the Health and Safety Code.
(E) A controlled substance classified in Schedule III, IV, or V that is a narcotic drug.
(7) Violation of Section 11357 or 11377 of the Health and Safety Code.
(c) In addition to the provisions of subdivision (a), a person who is convicted of a crime of petty theft may be punished either by imprisonment for not more than a year in a county jail or by imprisonment pursuant to subdivision (h) of Section 1170 if the following criteria are met:
(1) The person has been convicted two or more times of petty theft, grand theft, auto theft pursuant to subdivisions (d) or (e) of Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, or a combination of those crimes.
(2) The date that two or more of the prior crimes were committed was within 36 months of the date of the commission of the crime for which the person is being punished under this subdivision.
SEC. 3.
 Section 1 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. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.