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AB-1210 Crimes: package theft.(2019-2020)

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Date Published: 01/15/2020 09:00 PM
AB1210:v97#DOCUMENT

Amended  IN  Assembly  January 15, 2020
Amended  IN  Assembly  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1210

Introduced by Assembly Member Low
(Principal coauthor: Senator Chang)
(Coauthor: Senator Jones)

February 21, 2019

An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1210, as amended, Low. Crimes: package theft.
Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, 6 months or by a fine not exceeding $1,000, or by both that imprisonment and fine, or, under specified circumstances, as a misdemeanor by imprisonment in a county jail for a term not exceeding one year or by a fine not exceeding $1,000, or both that imprisonment and fine, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, the bill 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 The bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:
CHAPTER  9. Unlawful Entry onto Property

540.
 (a) A person shall not enter the curtilage of a home with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier.
(b) For purposes of this section, “curtilage” means an area adjacent to or in the immediate area of the home, and to which the activity of home life extends, including, but not limited to, a porch, doorstep, patio, stoop, driveway, hallway, or enclosed yard.
(c) (1) If violations of this section are committed by a person acting in concert with one or more other persons, on two or more separate occasions within a 12-month period, and the aggregated value of the packages stolen or attempted to be stolen within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2) If a violation of this section is committed by a person acting in concert with one or more other persons, the offense is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(2)

(3) Any other violation of this section that is not described in paragraph (1) paragraph (1) or (2) is punishable by imprisonment in a county jail not exceeding one year. six months or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

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.