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AB-1476 Theft: punishment.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB1476:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1476


Introduced by Assembly Member Ramos

February 22, 2019


An act relating to property crimes. An act to amend Section 666 of the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 1476, as amended, Ramos. Property crimes. Theft: punishment.
The existing 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, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. Existing law, as amended by the act, allows petty theft to be punished as a misdemeanor or a felony if the person has been previously convicted of specified offenses, including petty theft, grand theft, burglary, or carjacking, but only if the person is either required to register as a sex offender or has been convicted of certain serious or violent offenses.
The existing Safe Neighborhoods and Schools Act authorizes the Legislature to amend its provisions by a 2/3 vote of each house of the Legislature if the amendments are consistent with, and further the intent of, the act.
This bill would amend the act to instead authorize any person to be charged with a misdemeanor or felony for petty theft with specified priors without regard to whether the person is required to register as a sex offender or has been convicted of specified violent or serious felonies. The bill would make a felony violation of this crime punishable in a county jail. By increasing the punishment of a 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 bill would provide that no reimbursement is required by this act for a specified reason.

Existing law sets forth the definitions and penalties of different types of property crimes, including, among others, theft, burglary, embezzlement, and arson.

This bill would state the intent of the Legislature to enact legislation relating to property crimes.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 666 of the Penal Code is amended to read:

666.
 (a) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, 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 served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. pursuant to subdivision (h) of Section 1170.

(b)Subdivision (a) 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)

(b) This section shall not be construed to does not preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to property crimes.