BILL ANALYSIS AB 2015 Page 1 Date of Hearing: April 2, 2002 Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Carl Washington, Chair AB 2015 (Corbett) - As Introduced: February 15, 2002 SUMMARY : Makes the possession of a ceramic or porcelain spark plug, in part or in whole, with the intent to commit burglary a misdemeanor punishable by up to six months in county jail, or a fine not to exceed $1,000, or both. EXISTING LAW : 1)Makes the possession of a picklock, crow, keybit, crowbar, screwdriver, vise-grip plier, water-pump plier, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, floor-safe door puller, master keys, or other instrument or tool with the intent to break into any building, railroad car, vessel, or vehicle a misdemeanor punishable by up to six months in county jail, or a fine not to exceed $1,000, or both. (Penal Code Section 466.) 2)Makes the possession of a key, tool, instrument, explosive, or device, or a drawing, print, or mold of a key, tool, instrument, explosive, or device designed to open, break into, or damage a coin-operated machine with the intent to commit theft from such machine punishable by up to one year in county jail, or by a fine of not more than $1,000, or by both. (Penal Code Section 466.3.) 3)Provides that every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key, or a motor vehicle wheel lock master key is guilty of a misdemeanor. [Penal Code Section 466.5(a).] 4)Provides that every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle key with knowledge that the key was made without the consent of either the registered or legal owner is guilty of a misdemeanor. (Penal Code Section 466.7.) AB 2015 Page 2 5)Provides that every person who enters any house, room, apartment, shop, store, warehouse, or other building, vessel, aircraft, railroad car, trailer coach, camper, or vehicle with the intent to commit theft or any felony is guilty of burglary. (Penal Code Section 459.) 6)Provides that burglary of an inhabited dwelling house is burglary of the first degree, and all other burglaries are of the second degree, and punishable as alternate felony/misdemeanors. (Penal Code Sections 460 and 461.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement . According to the author, "Auto burglary results in annual costs of millions of dollars to California's citizens in the form of personal property loss and increased insurance rates. Thieves and street gangs commonly use spark plugs or spark plug chips to break the window of an automobile in order to steal the automobile or the contents of the automobile. "AB 2015 would add spark plugs or pieces of spark plugs to the list of tools or instruments which, if possessed with the intent to commit burglary, constitute a misdemeanor. Further, this bill sends a message to criminals that breaking into and damaging automobiles will not be tolerated." 2)Appellate Court Decisions . Penal Code Section 466 lists a number of items, such as pliers, screwdrivers, picklocks, crowbars, or "other instrument or tool" which are "burglar's tools" when possessed with the intent to commit burglary. Two recent California Court of Appeal decisions have resulted in a split of opinion as to whether or not ceramic spark plug chips can be considered "other instrument or tool" within the meaning of Penal Code Section 466. In People v. Gordon (2001) 90 Cal.App.4th 1409, the court found that an instrument is not a burglar tool just because it can accomplish the same purpose as the listed tools, but that the device must be similar to those specifically listed. Consequently, chips from spark AB 2015 Page 3 plugs do not meet the "other instrument or tool" provision of Penal Code Section 466. However, in People v. Robert B. (2001) 93 Cal.App.4th 963, the court held that spark plug chips do fall into the category of "other instrument or tool" for the purposes of Penal Code Section 466. This bill resolves the conflict within the Court of Appeal by adding ceramic or porcelain spark plugs, or pieces of spark plugs, to the enumerated list of "burglar's tools" within Penal Code Section 466. REGISTERED SUPPORT / OPPOSITION : Support Pleasanton Police Department (Sponsor) California District Attorneys Association San Bernardino County Sheriff Opposition California Attorneys for Criminal Justice Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744