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AB-2438 Property crimes: enhancements.(2023-2024)



Current Version: 02/13/24 - Introduced

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AB2438:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2438

Introduced by Assembly Member Petrie-Norris

February 13, 2024

An act to add Section 12022.65 to the Penal Code, relating to property crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2438, as introduced, Petrie-Norris. Property crimes: enhancements.
Existing law makes a person guilty of organized retail theft if, among other things, the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. Under existing law, these crimes are punishable as either misdemeanors or felonies, as specified. Existing law requires that a court dismiss an enhancement if it is in the furtherance of justice to do so, as specified.
This bill would, notwithstanding the limitations on imposing an enhancement, make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of imprisonment of one, 2, or 3 years. By creating a new enhancement, 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 12022.65 is added to the Penal Code, to read:

12022.65.
 (a) Notwithstanding subdivision (c) of Section 1385, any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years.
(b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

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.