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AB-2356 Theft: aggregation.(2021-2022)

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Date Published: 06/20/2022 09:00 PM
AB2356:v96#DOCUMENT

Assembly Bill No. 2356
CHAPTER 22

An act to amend Section 487 of the Penal Code, relating to crimes.

[ Approved by Governor  June 20, 2022. Filed with Secretary of State  June 20, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2356, Rodriguez. Theft: aggregation.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.
Existing California Supreme Court case law allows the value of property taken pursuant to distinct acts of theft to be aggregated to a single count of grand theft if motivated by one intention, one general impulse, and one plan. Existing appellate case law allows the value of property from more than one victim to be aggregated if the thefts were accomplished as a result of one scheme or plan to defraud the victims and a single intent to act.
This bill would specify that if the value of the money, labor, real property, or personal property taken exceeds $950 over the course of distinct but related acts, whether committed against one or more victims, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. The bill would state that these changes are declaratory of existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 487 of the Penal Code is amended to read:

487.
 Grand theft is theft committed in any of the following cases:
(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
(e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.

SEC. 2.

 The amendment of Section 487 of the Penal Code made by this act is declaratory of existing law in People v. Bailey (1961) 55 Cal.2d 514.