Today's Law As Amended


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AB-2438 Property crimes: enhancements.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 12022.65 is added to the Penal Code, to read:

12022.65.
 (a) Notwithstanding subdivision (c) of Section 1385, any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years.
(b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
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.