Bill Text: CA AB1921 | 2019-2020 | Regular Session | Introduced
Bill Title: Unlawful entry of a vehicle.
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB1921 Detail]
Download: California-2019-AB1921-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1921
Introduced by Assembly Members Diep and Bauer-Kahan (Principal coauthor: Senator Wiener) (Coauthors: Assembly Members Daly, Fong, Lackey, Low, O’Donnell, Quirk, and Rodriguez) (Coauthors: Senators Jones, Nielsen, and Umberg) |
January 13, 2020 |
An act to add Section 465 to the Penal Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1921, as introduced, Diep.
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. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony.
This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c) As used in this section, forcible entry of a vehicle means the entry into a vehicle accomplished through either of the following means:
(1) Force that damages the exterior of the
vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door.
(2) Use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender.
(d) A person shall not be convicted for a violation of this section and Section 459 for the same act.