BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2015
                                                                  Page  1

          Date of Hearing:   April 24, 2002

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Darrell Steinberg, Chair

                   AB 2015 (Corbett) - As Amended:  April 10, 2002 

          Policy Committee:                              Public  
          SafetyVote:  5-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill adds ceramic or porcelain spark plugs or pieces to the  
          list of tools, possession of which, with the intent to commit  
          burglary, is a misdemeanor punishable by up to six months in  
          county jail, and/or a fine of up to $1,000.
           
           FISCAL EFFECT  

          Minor mandated non-reimbursable local incarceration costs,  
          offset to a limited degree by fine revenue.

           COMMENTS  

           Rationale  . Current law makes it a misdemeanor to possess 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, punishable by up to  
          six months in county jail, or a fine not to exceed $1,000, or  
          both.

          The author contends that thieves and street gangs commonly use  
          spark plugs or spark plug chips to break the window of a vehicle  
          in order to steal the vehicle or the contents of the vehicle.
           
          Two recent California Court of Appeal decisions have resulted in  
          divided opinion as to whether ceramic spark plug chips meet the  
          "other instrument or tool" provision within Penal Code Section  
          466. In People v. Gordon (2001), the court found that an  
          instrument is not a burglar tool just because it can accomplish  








                                                                  AB 2015
                                                                  Page  2

          the same purpose as the listed tools, but that the device must  
          be similar to those specifically listed. 

          In People v. Robert B. (2001), however, the court held that  
          spark plug chips do fall into the category of "other instrument  
          or tool. " This bill explicitly resolves the conflict between  
          these decisions.  


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081