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