Bill Text: CA AB2369 | 2015-2016 | Regular Session | Amended
Bill Title: Proposition 47: repeat offenses within 12 months.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Failed) 2016-05-03 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2369 Detail]
Download: California-2015-AB2369-Amended.html
BILL NUMBER: AB 2369 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Patterson
(Coauthors: Assembly Members Baker, Brough, Lackey, Waldron, and
Wilk)
FEBRUARY 18, 2016
An act to amend Section 490.2 of, and to add Section 666.1 to, the
Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 2369, as amended, Patterson. Proposition 47: repeat offenses
within 12 months.
Existing law, the Safe Neighborhoods and Schools Act, enacted by
Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, reduced certain felonies to misdemeanors,
including possession of specified controlled substances and theft of
a firearm with a value under $950.
This bill would authorize the prosecution to charge a person with
a felony if the person has been pre viously
convicted 2 or more times in the 12-month period
of the crimes reduced to a misdemeanor by Proposition 47 or, if the
crime being prosecuted is petty theft, when the person had been
convicted of specified other crimes, including grand theft and
carjacking, at least twice in the past 12 months. The bill
would specify that, for purposes of determining the 12-month period,
the date the crimes were committed is used, not the date of
conviction. and the date that 2 or more of the prior
crimes were committed was within 36 months of the date of the
commission of the crime for which the person is being punished.
The bill would also make it a felony grand
theft, punishable in state prison as a felony, when any of
the items taken include is a
firearm.
The California Constitution authorizes the Legislature to amend or
repeal an initiative statute by another statute that becomes
effective when approved by the electors.
This bill would provide that it would become effective only upon
approval of the voters, and would provide for the submission of this
measure to the voters for approval at statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, with the following exceptions:
(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) When the items taken include a firearm, the person shall be
punished pursuant to subdivision (h) of Section 1170.
(2) It is grand theft, as described in paragraph (2) of
subdivision (d) of Section 487, when any of the items taken is a
firearm and the person shall be punished pursuant to subdivision (a)
of Section 489.
(b) This section shall not be applicable to any theft that may be
charged as an infraction pursuant to any other provision of law.
SEC. 2. Section 666.1 is added to the Penal Code, to read:
666.1. (a) Notwithstanding any other law, a person who has been
convicted of a misdemeanor violation of any of the crimes listed in
subdivision (b) two or more times in 12 months may be
punished, upon a third conviction for one of the enumerated crimes
that he or she commits within the same 12-month period,
may be punished either by imprisonment for not more than a
year in a county jail or by imprisonment pursuant to subdivision (h)
of Section 1170. 1170 if the following
criteria are met:
(1) The person has previously been convicted of the crimes listed
in subdivision (b) two or more times.
(2) The date that two or more of the prior crimes were committed
was within 36 months of the date of the commission of the crime for
which the person is being punished under this subdivision.
(b) (1) Shoplifting of an item with a value of more than nine
hundred fifty dollars ($950).
(2) Forgery relating to a check, bond, bank bill, note, cashier's
check, traveler's check, or money order, where the value of the
check, bond, bank bill, note, cashier's check, traveler's check, or
money order does not exceed nine hundred fifty dollars ($950).
(3) A violation of Section 476a where the amount of all checks,
drafts, or orders is more than four hundred fifty dollars ($450) but
less than nine hundred fifty dollars ($950).
(4) Petty theft of any of the following:
(A) Domestic fowls, avocados, olives, citrus or deciduous fruits,
other fruits, vegetables, nuts, artichokes, or other farm crops with
a value exceeding two hundred fifty dollars ($250) but less than nine
hundred fifty dollars ($950).
(B) Fish, shellfish, mollusks, crustaceans, kelp, algae, or other
aquacultural products are taken from a commercial or research
operation with a value exceeding two hundred fifty dollars ($250) but
less than nine hundred fifty dollars ($950).
(C) Property taken from the person of another with a value of less
than nine hundred fifty dollars ($950).
(D) An automobile with a value of less than nine hundred fifty
dollars ($950).
(5) A violation of Section 496 where the property has a value of
less than nine hundred fifty dollars ($950).
(6) Unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state,
possession of a controlled substance that is any of the following:
(A) Specified in subdivision (b) or (c) or paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.
(B) Specified in paragraph (14), (15), or (20) of subdivision (d)
of Section 11054 of the Health and Safety Code.
(C) Specified in subdivision (b) or (c) of Section 11055 of the
Health and Safety Code.
(D) Specified in subdivision (h) of Section 11056 of the Health
and Safety Code.
(E) A controlled substance classified in Schedule III, IV, or V
that is a narcotic drug.
(7) Violation of Section 11357 or 11377 of the Health and Safety
Code.
(c) In addition to the provisions of subdivision (a), a person who
has been convicted is convicted of a
crime of petty theft, grand theft, auto theft pursuant to
subdivision (d) or (e) of Section 10851 of the Vehicle Code,
burglary, carjacking, robbery, or a felony violation of Section 496
two or more times in 12 months, theft may be
punished upon a conviction for petty theft that he or she
commits in the same 12-month period, either by imprisonment
for not more than a year in a county jail or by imprisonment
pursuant to subdivision (h) of Section 1170.
1170 if the following criteria are met:
(1) The person has been convicted two or more times of petty
theft, grand theft, auto theft pursuant to subdivisions (d) or (e) of
Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or
a felony violation of Section 496, or a combination of those crimes.
(2) The date that two or more of the prior crimes were committed
was within 36 months of the date of the commission of the crime for
which the person is being punished under this subdivision.
(d) For purposes of determining the 12-month period required by
subdivisions (a) and (c), the date the crimes were committed shall be
used, not the date of the conviction.
SEC. 3. Section 1 of this act amends the Safe Neighborhoods and
Schools Act, Proposition 47, an initiative statute, and shall become
effective only when submitted to and approved by the voters. The
Secretary of State shall submit Section 1 of this act for approval by
the voters at a statewide election in accordance with Section 9040
of the Elections Code.
