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SB-916 Unlawful entry of a vehicle.(2017-2018)



Current Version: 04/02/18 - Amended Senate

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SB916:v97#DOCUMENT

Amended  IN  Senate  April 02, 2018
Amended  IN  Senate  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 916

Introduced by Senator Wiener
(Principal coauthor: Assembly Member Arambula)
(Coauthor: Senator Stone)
(Coauthors: Assembly Members Cervantes, Chiu, Rodriguez, and Ting)

January 22, 2018

An act to add Section 465 to the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


SB 916, as amended, Wiener. Unlawful entry of a vehicle.
Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor.
This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the a county jail for a period not to exceed one year or imprisonment in the a county jail for 2, 3, or 4 years. 16 months, or 2 or 3 years. By creating a new 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 465 is added to the Penal Code, to read:

465.
 (a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.
(b) Unlawful entry of a vehicle is punishable by imprisonment in the a county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.
(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision.

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.