BILL NUMBER: AB 1814	CHAPTERED  09/14/04

	CHAPTER  515
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2004
	PASSED THE ASSEMBLY  AUGUST 18, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	AMENDED IN SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JUNE 16, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004
	AMENDED IN ASSEMBLY  MARCH 11, 2004

INTRODUCED BY   Assembly Member Oropeza

                        JANUARY 15, 2004

   An act to add and repeal Section 487h  of the Penal Code, relating
to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1814, Oropeza.  Grand theft.
   Existing law provides that every person who steals, takes, or
carries away specified moneys, labor, or real or personal property is
guilty of grand theft.
   This bill would, in addition, generally provide, until January 1,
2010, that every person who steals, takes, or carries away cargo of
another, as defined, when the cargo taken is of a value exceeding
$400, is guilty of grand theft.  The bill would make specified
conforming changes to its provisions if AB 2705 is chaptered.
Because this bill would create a new crime, it would impose a
state-mandated local program upon local government.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 487h is added to the Penal Code, to read:
   487h.  (a) Every person who steals, takes, or carries away cargo
of another, when the cargo taken is of a value exceeding four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
   (b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.

   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 487h is added to the Penal Code, to read:
   487h.  (a) Every person who steals, takes, or carries away cargo
of another, when the cargo taken is of a value exceeding eight
hundred dollars ($800), except as provided in Sections 487, 487a, and
487d, is guilty of grand theft.
   (b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.

   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 3.  Section 2 of this bill shall become operative only if AB
2705 is enacted, in which case Section 1 of this bill shall not
become operative.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.