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SB-840 Petty theft: prior convictions.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
SB840:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 840

Introduced by Senator Alvarado-Gil

February 17, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


SB 840, as introduced, Alvarado-Gil. Petty theft: prior convictions.
Existing law provides that a person who is a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who also has a prior conviction for other specified offenses, including, among others, petty theft, grand theft, auto theft, and robbery, and who has served a term of imprisonment for the conviction in any penal institution, who is subsequently convicted of petty theft is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years.
This bill would make a technical, nonsubstantive change to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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