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AB-2718 Crimes: theft.(2021-2022)

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Date Published: 02/18/2022 09:00 PM
AB2718:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2718

Introduced by Assembly Member Cooper

February 18, 2022

An act to amend Sections 459.5 and 490.2 of, and to add Section 490.3 to, the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 2718, as introduced, Cooper. Crimes: theft.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.
This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, without limitation, the theft of a firearm or vehicle, identity theft, and credit card fraud.
Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.
This bill would similarly exclude certain offenses from this provision, including, without limitation, the theft of a vehicle, identity theft, and credit card fraud.
Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would create the offense of serial theft for the theft of property valued over $500 where the offender has two or more prior convictions for specified offenses including burglary, robbery, shoplifting, and petty or grand theft. Serial theft could be charged in addition to the predicate offense and would be punishable as either a misdemeanor or felony.
This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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, with the intent to steal retail property or merchandise, 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.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.
(c) This section does not apply to forgery as described in Chapter 4 (commencing with Section 470), forgery of an access card in violation of Section 484f, the unlawful use of an access card in violation of Section 484g, the unlawful sale, transfer, or conveyance of an access card in violation of Section 484e, receiving stolen property in violation of Section 496, embezzlement as described in Chapter 6 (commencing with Section 503), identity theft in violation of Section 530.5, theft of a firearm, theft from an elder in violation of subdivision (e) of Section 368, or the theft or unauthorized use of a vehicle in violation of Section 10851 of the Vehicle Code.
(d) As used in this section, the following terms are defined as follows:
(1) “Retail property or merchandise” means any article, product, commodity, item, or component intended to be sold in retail commerce.
(2) “Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes.

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 that such 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.
(b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.

(c)This section shall not apply to theft of a firearm.

(c) This section does not apply to forgery as described in Chapter 4 (commencing with Section 470), forgery of an access card in violation of Section 484f, the unlawful use of an access card in violation of Section 484g, the unlawful sale, transfer, or conveyance of an access card in violation of Section 484e, receiving stolen property in violation of Section 496, embezzlement as described in Chapter 6 (commencing with Section 503), identity theft in violation of Section 530.5, theft of a firearm, theft from an elder in violation of subdivision (e) of Section 368, or the theft or unauthorized use of a vehicle in violation of Section 10851 of the Vehicle Code.

SEC. 3.

 Section 490.3 is added to the Penal Code, to read:

490.3.
 (a) Notwithstanding paragraph (3) of subdivision (h) of Section 1170, paragraphs (2) and (4) of subdivision (a) of Section 1170.12, and paragraphs (2) and (4) of subdivision (c) of Section 667, any person who, having been previously convicted of two or more of the offenses specified in subdivision (a), which offenses were committed on separate occasions, and who is subsequently convicted of petty theft or shoplifting where the value of the money, labor, or real or personal property taken exceeds five hundred dollars ($500) shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.
(b) This section applies to the following crimes:
(1) Petty theft, as described in Section 488.
(2) Shoplifting, as described in Section 459.5.
(3) Grand theft, as described in Section 487.
(4) Burglary, as described in Section 459.
(5) Carjacking, as described in Section 215.
(6) Robbery, as described in Section 211.
(7) A crime against an elder or dependent adult, as described in subdivision (d) or (e) of Section 368.
(8) Receiving stolen property, as described in Section 496.
(9) Forgery, as described in Chapter 4 (commencing with Section 470).
(10) Forgery of an access card, as described in Section 484f. Forgery of an access card, as described in Section 484f.
(11) The unlawful sale, transfer, or conveyance of an access card, as described in Section 484e.
(12) The unlawful use of an access card, as described in Section 484g.
(13) Embezzlement, as described in Chapter 6 (commencing with Section 503).
(14) Identity theft, as described in Section 530.5.
(15) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(c) This section does not preclude the concurrent charging and conviction of any violation of law that predicates a violation of this section.

SEC. 4.

 This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.