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AB-1511 Sentencing enhancements: property loss.(2017-2018)

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Date Published: 09/01/2018 04:00 AM
AB1511:v94#DOCUMENT

Enrolled  August 31, 2018
Passed  IN  Senate  August 24, 2018
Passed  IN  Assembly  August 29, 2018
Amended  IN  Senate  May 22, 2018
Amended  IN  Senate  March 15, 2018
Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1511


Introduced by Assembly Member Low
(Coauthor: Assembly Member Quirk-Silva)

February 17, 2017


An act to add Section 12022.6 to the Penal Code, relating to sentencing, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1511, Low. Sentencing enhancements: property loss.
State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, when any person takes, damages, or destroys any property in the commission or attempted commission of a felony, as specified.
This bill would authorize the court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of up to 2 years if the property loss exceeds $235,000, an additional term of imprisonment of up to 3 years if the property loss exceeds $1,500,000, or an additional term of imprisonment of up to 4 years if the property loss exceeds $3,700,000. The bill would require the Legislature to review those threshold amounts every 5 years and adjust them for inflation.
Because this bill would increase the penalty for existing felonies, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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: YES  

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


SECTION 1.

 Section 12022.6 is added to the Penal Code, to read:

12022.6.
 (a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, the court may impose an additional term as follows:
(1) If the property loss exceeds two hundred thirty-five thousand dollars ($235,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to two years.
(2) If the property loss exceeds one million five hundred thousand dollars ($1,500,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to three years.
(3) If the property loss exceeds three million seven hundred thousand dollars ($3,700,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to four years.
(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, the additional terms provided in this section may be imposed if the aggregate losses to the victims from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts of the taking, damage, or destruction in excess of the amounts provided in this section are charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d) This section applies to, but is not limited to, property taken, damaged, or destroyed in violation of Section 502 or subdivision (b) of Section 502.7. This section shall also apply to applicable prosecutions for a violation of Section 350, 653h, 653s, or 653w.
(e) For the purposes of this section, the term “loss” has the following meanings:
(1) When counterfeit items of computer software are manufactured or possessed for sale, the “loss” from the counterfeiting of those items shall be equivalent to the retail price or fair market value of the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the “loss” from the counterfeiting of those components of computer software packages shall be equivalent to the retail price or fair market value of the number of completed computer software packages that could have been made from those components.
(f) The Legislature shall review the threshold amounts in subdivision (a) every five years and adjust them for inflation.

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.

SEC. 3.

 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:
In order to restore a valuable deterrent to the significant economic damage caused by excessive takings, including sophisticated white collar fraud schemes, it is necessary that this act take effect immediately.