Today's Law As Amended


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AB-75 Shoplifting: increased penalties for prior crimes.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 459.5 of the Penal Code is amended to read:

459.5.
 (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with 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 may be punished pursuant to subdivision (h) of Section 1170.  as follows: 
(1) A person with 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 may be punished pursuant to subdivision (h) of Section 1170.
(2) A person who meets the requirements of subdivision (a) or (b) of Section 666 may be punished pursuant to that section.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No A  person who is charged with shoplifting may not  also be charged with burglary or theft of the same property.

SEC. 2.

 Section 490.2 of the Penal Code is amended to read:

490.2.
 (a) 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 as follows:
(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) A person who meets the requirements of subdivision (a) or (b) of Section 666 may be punished pursuant to that section.
(b) This section shall does  not be applicable  apply  to any theft that may be charged as an infraction pursuant to any other provision of  law.
(c) This section shall does  not apply to theft of a firearm.

SEC. 3.

 Section 666 of the Penal Code is amended to read:

666.
 (a) Notwithstanding Section 490, a person who has been convicted three or more times of petty theft, shoplifting, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony conviction of Section 496, and has served a term for that crime in any penal institution or has been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft or shoplifting, shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.
(a) (b)  (1)  Notwithstanding Section 490, any a  person described in subdivision (b) who, having paragraph (2) who has  been convicted of petty theft, shoplifting,  grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having has  served a term of imprisonment therefor in any penal institution or having has  been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable  theft or shoplifting, shall be punished  by imprisonment in the county jail not exceeding one year, year  or in the state prison.
(b) (2)  Subdivision (a) Paragraph (1)  shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(c) This section shall not be construed to  does not  preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, 667  or Section 1170.12.
SEC. 4.
 (a) Sections 1, 2, and 3 of this act amend the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters as Proposition 47 at the November 4, 2014, statewide general election, and shall become effective only when submitted to and approved by the voters at a statewide election.
(b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 1, 2, and 3 of this act to the voters for their approval at the November 5, 2024, statewide general election.