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AB-329 Theft: jurisdiction.(2023-2024)



Current Version: 03/13/23 - Amended Assembly

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AB329:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 329

Introduced by Assembly Member Ta

January 30, 2023

An act to amend Sections 459.5 and 490.2 of, and to add Section 490.3 to, Section 786.5 of the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 329, as amended, Ta. Crime: penalties for shoplifting and petty theft. Theft: jurisdiction.
Existing law establishes the jurisdiction of a criminal action brought by the Attorney General for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
Existing law defines the crime of grand theft to include stealing, taking, or carrying away the cargo of another with a value of over $950.
This bill would include the crime of cargo theft in the above-mentioned jurisdictional provisions.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in 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.

This bill would amend the initiative to make petty theft or shoplifting by a person who is not a resident of this state, did not reside in this state in the six months prior to entering this state, and entered this state within 30 days prior to committing the offense, an offense punishable by imprisonment in a county jail not exceeding one year or imprisonment in a county jail for 16 months or 2 or 3 years. The bill would define resident as a person that has occupied a dwelling in this state, or has been domiciled in this state, for at least 6 months.

This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 786.5 of the Penal Code is amended to read:

786.5.
 The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, 487h, 490.4, or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 487h, 490.4, or 496, or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, 487h, 490.4, or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496. 487h, 490.4, or 496.

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 as follows:

(1)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.

(2)A person who meets the requirements of Section 490.3 may be punished pursuant to that section.

(b)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 490.2 of the Penal Code is amended to read:
490.2.

(a)Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except as follows:

(1)A person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has 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.

(2)A person who meets the requirements of Section 490.3 may be punished pursuant to that section.

(b)This section does not apply to any theft that may be charged as an infraction pursuant to any other law.

(c)This section does not apply to theft of a firearm.

SEC. 3.Section 490.3 is added to the Penal Code, to read:
490.3.

(a)Notwithstanding Section 459.5 and Section 490.2, a person who commits petty theft or shoplifting and who is not a resident of this state, did not reside in this state in the six months prior to entering this state, and entered this state within 30 days prior to committing the offense, is guilty of an offense punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.

(b)As used in this section, “resident” means a person that has occupied a dwelling in this state, or has been domiciled in this state, for at least six months.

(c)This section does not preclude punishment under any other law.

SEC. 4.

(a)Sections 1, 2, and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47 at the November 4, 2014 statewide general election, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election.

(b)Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 1, 2, and 3 of this act to the voters for their approval at the November 5, 2024, statewide general election.