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AB-1475 Vehicle theft: enhancement.(2017-2018)



Current Version: 02/17/17 - Introduced

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AB1475:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1475

Introduced by Assembly Member Cervantes
(Principal coauthor: Assembly Member Gray)

February 17, 2017

An act to amend Section 666.5 of the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 1475, as introduced, Cervantes. Vehicle theft: enhancement.
Existing law requires a person who, having been previously convicted of specified vehicle theft offenses regardless of whether or not the person actually served a prior prison term for the offense, is subsequently convicted of any of the specified offenses to be punished by imprisonment in a county jail for 2, 3, or 4 years, or a fine of $10,000, or both that fine and the imprisonment.
This bill would instead require a person who is subsequently convicted of an above-specified vehicle theft offense to, in addition and consecutive to a sentence imposed for that conviction, serve a one-year term for each prior conviction of those offenses. By increasing the punishment for a crime, this 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 666.5 of the Penal Code is amended to read:

666.5.
 (a) Every A person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment. shall, in addition and consecutive to a sentence imposed for that conviction, serve a one-year term for each prior conviction of any of these offenses.
(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.
(c) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

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.