BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2015|
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THIRD READING
Bill No: AB 2015
Author: Corbett (D)
Amended: 6/25/02 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 6/11/02
AYES: McPherson, Margett, Polanco, Vasconcellos
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 67-0, 5/2/02 (Passed on Consent) - See
last page for vote
SUBJECT : Possession of burglary tools
SOURCE : City of Pleasanton Police Department
DIGEST : This bill specifies adding ceramic or porcelain
spark plug chips or pieces to the list of items that may be
defined as burglary tools when possessed with the intent to
commit burglary.
ANALYSIS : Existing law 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.
CONTINUED
AB 2015
PageB
Existing law 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.
Existing law 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.
Existing law 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.
Existing law 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.
This bill makes the possession of ceramic or porcelain
spark plug chips or pieces, 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.
The bill states that it is the intent of the Legislature in
enacting this measure to add only ceramic or porcelain
spark plug chips or pieces, not other common objects such
as rocks or pieces of metal that can be used to break
windows, to the list of burglary tools in Section 466 of
the Penal Code.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/6/02)
City of Pleasanton Police Department (source)
Attorney General; California District Attorneys Association
AB 2015
PageC
California Peace Officers Association
San Bernardino County Sheriff
ARGUMENTS IN SUPPORT : According to the author:
Automobile break-ins result in annual costs of millions of
dollars to California's citizens in the form of personal
property loss and increased insurance rates. Thieves and
vandals are using a new burglar tool of choice, pieces of
ceramic or porcelain spark plug chips, to break the window
of an automobile quickly and quietly in order to steal the
car or commit acts of random vandalism. However, because
Penal Code 466 does not list sparkplug chips as a burglar
tool, there is confusion in the field and in the courts.
AB 2015 will allow justice to be served without opening
section 466 to include an overly broad range of generic
objects, such as rocks or pieces of tile, that could be
used to break windows.
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Bates, Bogh, Calderon,
Bill Campbell, John Campbell, Canciamilla, Cardenas,
Cardoza, Chan, Chavez, Chu, Cogdill, Corbett, Correa,
Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh, Frommer,
Goldberg, Harman, Havice, Hollingsworth, Horton, Jackson,
Kehoe, Kelley, Koretz, La Suer, Leach, Leonard, Leslie,
Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
Migden, Mountjoy, Nakano, Nation, Negrete McLeod,
Oropeza, Papan, Pescetti, Richman, Salinas, Shelley,
Simitian, Steinberg, Strom-Martin, Thomson, Vargas,
Washington, Wayne, Wiggins, Wright, Wyland, Wyman,
Zettel, Wesson
RJG:jk 8/6/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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