459.5.

 (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment while that establishment is open during regular business hours, hours with the intent to steal retail property or merchandise, 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 666.1 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 shall not also be charged with burglary or theft of the same property.

(c) As used in this section, the following terms have the following meanings:

(1) “Retail property or merchandise” means any article, product, commodity, item, or component intended to be sold in retail commerce.

(2) “Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes.

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 666.1 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.

666.1.

 (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.

(2) This section applies to the following offenses:

(A) Petty theft, as described in Section 488 or 490.2.

(B) Grand theft, as described in Chapter 5 (commencing with Section 484) of Title 13.

(C) Theft from an elder or dependent adult as described in Section 368.

(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.

(E) Burglary, as described in Section 459.

(F) Carjacking, as described in Section 215.

(G) Robbery, as described in Section 211.

(H) Receiving stolen property, as described in Section 496.

(I) Shoplifting, as described in Section 459.5.

(J) Identity theft or mail theft, as described in Section 530.5.

(K) Embezzlement, as described in Chapter 6 (commencing with Section 503) of Title 13.

(L) Organized retail theft, as described in Section 490.4.

(b) This section does not preclude prosecution or punishment pursuant to any other law.