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AB-2543 Theft and burglary.(2021-2022)



Current Version: 03/17/22 - Amended Assembly

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AB2543:v98#DOCUMENT

Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2543

Introduced by Assembly Member Fong
(Coauthors: Assembly Members Bigelow, Chen, Choi, Davies, Gallagher, Lackey, Nguyen, Mathis, Patterson, Smith, Valladares, and Voepel)
(Coauthors: Senators Bates, Borgeas, Grove, Jones, Melendez, and Nielsen)

February 17, 2022

An act to amend Section Sections 459.5 and 460 of 461 of, and to add Section 459.6 to, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2543, as amended, Fong. Theft and burglary.
(1) 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. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.
Proposition 47 authorizes amendment of its provisions by a 2/3 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.
This bill would amend Proposition 47 by authorizing acts of shoplifting that occur on 2 or more separate occasions within a 12-month period, and the aggregated value of the merchandise taken exceeds $950, to be punished either by imprisonment in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
(2) Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Exiting law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary being punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail.
This bill would make burglary from with regard to a railroad car or a cargo container punishable as first degree burglary. by imprisonment in a county jail for 2, 4, or 6 years. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
(3) 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: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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, 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) A person who violates subdivision (a) on two or more separate occasions within a 12-month period, and the aggregated value of the merchandise taken exceeds nine hundred fifty dollars ($950), may be punished either by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. A person who is charged with shoplifting may not also be charged with burglary or theft of the same property.

SEC. 2.Section 460 of the Penal Code is amended to read:
460.

(a)(1)Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.

(2)Burglary of a railroad car or cargo container is burglary of the first degree.

(b)All other kinds of burglary are of the second degree.

(c)This section does not supersede or affect Section 464 of the Penal Code.

SEC. 2.

 Section 459.6 is added to the Penal Code, to read:

459.6.
 A person who commits a violation of Section 459 with regard to a railroad car or a locked or sealed cargo container, whether or not mounted on a vehicle, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years.

SEC. 3.

 Section 461 of the Penal Code is amended to read:

461.
 Burglary is punishable as follows:
(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
(b) Burglary Except as provided in Section 459.6, burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 3.SEC. 4.

 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.