BILL NUMBER: ABX1 8 ENROLLED
BILL TEXT
PASSED THE SENATE DECEMBER 18, 2008
PASSED THE ASSEMBLY DECEMBER 18, 2008
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Committee on Budget
DECEMBER 8, 2008
An act to amend Sections 14491, 17550.19, and 21653 of the
Business and Professions Code, to amend Section 5305 of the Financial
Code, to amend Section 421 of the Military and Veterans Code, to
amend Sections 154, 155, 337.4, 368, 422.7, 476a, 484b, 484g, 484h,
487, 487b, 487e, 487f, 487h, 496, 498, 500, 502, 537, 537e, 550, 551,
565, 566, 592, 594.4, 641.3, 2932, 2933.1, 2933.2, 2933.3, 2933.5,
2933.6, 3000, 4019, and 4600 of, to amend, renumber, and add Section
2933.4 of, to add Sections 2933.05 and 3060.95, and to repeal Section
2933 of, the Penal Code, to amend Sections 14591 and 41955 of the
Public Resources Code, to amend Sections 10851.5 and 42002.4 of the
Vehicle Code, and to amend Sections 10980 and 15656 of the Welfare
and Institutions Code, relating to the Department of Corrections and
Rehabilitation.
LEGISLATIVE COUNSEL'S DIGEST
AB 8, Committee on Budget. Department of Corrections and
Rehabilitation.
Existing law establishes certain values for determining if theft
or certain other property crimes are punishable as felonies or not.
Existing law provides that for many of these crimes, the threshold is
$400, while the thresholds for certain other crimes are $100, $200,
and $1,000, as specified.
This bill would increase those thresholds uniformly; for example
by increasing the $400 threshold to $950.
Because this bill would change the definitions of various crimes,
it would impose a state-mandated local program.
Existing law provides for a 6-month reduction in a prisoner's term
of confinement for every 6 months of full-time performance by the
prisoner in a qualified work, training, or education program, as
specified. Existing law provides that for every 6 days served in a
specified local detention center following an arrest and prior to the
imposition of a prison sentence for a felony conviction, 2 days
shall be deducted from his or her period of confinement, as
specified.
This bill would instead provide that certain prisoners shall earn
one day of credit for every one day served either in the state prison
or in a local facility prior to delivery to the state prison. This
bill would provide for up to 4 months of additional credit for the
successful completion of certain programs offered by the department,
as specified. This bill would also expand an existing program for
extra time credits for inmates assigned to conservation camps to
apply to inmates on the wait list for conservation camps.
Existing law provides that the maximum period of parole for
persons who have served at least one year and one day of imprisonment
in the state prison is 3 years, unless the person was convicted of
certain crimes, or unless the parole authority, for "good cause,"
waives parole. Existing law also requires a person who has not been
convicted of a violent felony to be discharged from parole after one
year of continuous parole supervision, and a person who has been
convicted of a violent felony who has a parole term of 3 years to be
discharged after 2 years of continuous supervision or who has a
parole term of 5 years to be discharged after 3 years of continuous
supervision, unless the parole authority determines that the person
should be retained on parole, as specified.
This bill would instead provide that a person who is not required
to register as a sex offender, and who was not sentenced for any
offense that is a serious felony or a violent felony, as defined,
shall be subject to six months of parole, except as specified. The
bill would further provide that a person who is on parole as of the
effective date of this bill who is not pending revocation shall be
discharged from parole immediately if he or she has already served
the time and met the terms specified above, or upon meeting those
terms.
Existing law provides for various sanctions to be imposed on
persons who violate parole, including reincarceration.
This bill would state the intent of the Legislature that parole
violators who present a lower risk to public safety, as defined,
shall have community sanctions imposed, as specified. The bill would
require the Department of Corrections and Rehabilitation to implement
a "parole violation decisionmaking instrument" to provide guidelines
for use by parole agents and the Board of Parole Hearings to
determine the most appropriate sanctions for parole violators, as
specified. The bill would require the department to adopt regulations
to implement these provisions. The bill would provide that its
provisions do not limit the authority of counties to prosecute
parolees who commit new crimes.
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.
This bill would make its provisions contingent on the enactment of
other legislation, as specified.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14491 of the Business and Professions Code is
amended to read:
14491. The violation of any of the provisions of this article is
a misdemeanor, except that if the violation consists of unlawfully
using, selling, or secreting in any place supplies of a value
exceeding nine hundred fifty dollars ($950), the violation is a
felony.
SEC. 2. Section 17550.19 of the Business and Professions Code is
amended to read:
17550.19. In addition to any civil penalties provided in this
division, violation of this article is punishable as follows:
(a) As a misdemeanor by a fine of not more than ten thousand
dollars ($10,000), by imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment for each violation.
(b) In addition, any violation of Section 17550.14 or subdivision
(b) or (c) of Section 17550.15 where money or real or personal
property received or obtained by a seller of travel for
transportation or travel services from any and all persons aggregates
two thousand three hundred fifty dollars ($2,350) or more in any
consecutive 12-month period, or the payment or payments by or on
behalf of any one passenger exceeds in the aggregate nine hundred
fifty dollars ($950) in any 12-month period, is punishable either as
a misdemeanor or as a felony by imprisonment in the state prison for
16 months, or two or three years, by a fine of not more than
twenty-five thousand dollars ($25,000), or by both that fine and
imprisonment for each violation.
(c) In addition, any intentional use for any purpose of a false
seller of travel registration number, with intent to defraud, by an
unregistered seller of travel is punishable as a misdemeanor or
felony as provided in this section.
(d) Any violation of Section 17550.15 shall be a misdemeanor and
shall be punished as provided in this section. Every act in violation
of Section 17550.15 may be prosecuted as a separate and distinct
violation and consecutive sentences may be imposed for each
violation.
(e) Sellers of travel shall also comply with Sections 17537,
17537.1, and 17537.2 of the Business and Professions Code and all
other applicable laws. This section shall not be construed to
preclude the applicability of any other provision of the criminal law
of this state that applies or may apply to any transaction.
SEC. 3. Section 21653 of the Business and Professions Code is
amended to read:
21653. Every junk dealer or secondhand dealer who resells any
item acquired in violation of Section 21652 is guilty of a felony, if
the value of the item exceeds nine hundred fifty dollars ($950), and
is guilty of a misdemeanor if the value of the item does not exceed
nine hundred fifty dollars ($950).
SEC. 4. Section 5305 of the Financial Code is amended to read:
5305. Any institution-affiliated party who abstracts or willfully
misapplies any of the money, funds, or property of the savings
association, or willfully misapplies its credit, is guilty of a
felony and shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for 2, 3,
or 4 years, or by both that fine and imprisonment. However, if the
amount abstracted or willfully misapplied does not exceed two hundred
fifty dollars ($250), the offense shall instead be punishable by a
fine of not more than one thousand dollars ($1,000), by imprisonment
in the county jail for not more than one year or in the state prison,
or by both that fine and imprisonment.
SEC. 5. Section 421 of the Military and Veterans Code is amended
to read:
421. Any person who secretes, sells, disposes of, offers for
sale, purchases, retains after demand made by a commissioned officer
of the National Guard or of the unorganized militia when called into
the service of the state or Naval Militia, or in any manner pawns or
pledges any arms, uniforms, equipment, or military or naval property
of the state or of the United States, or of any organization of the
active militia or of the unorganized militia when called into the
service of the state is guilty of a felony if said arms, uniforms,
equipments, or military or naval property of the state or of the
United States is of a value of nine hundred fifty dollars ($950) or
more, otherwise such person is guilty of a misdemeanor.
SEC. 6. Section 154 of the Penal Code is amended to read:
154. (a) Every debtor who fraudulently removes his or her
property or effects out of this state, or who fraudulently sells,
conveys, assigns or conceals his or her property with intent to
defraud, hinder or delay his or her creditors of their rights,
claims, or demands, is punishable by imprisonment in the county jail
not exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so removed, sold, conveyed, assigned, or
concealed consists of a stock in trade, or a part thereof, of a value
exceeding two hundred fifty dollars ($250), the offense shall be a
felony and punishable as such.
SEC. 7. Section 155 of the Penal Code is amended to read:
155. (a) Every person against whom an action is pending, or
against whom a judgment has been rendered for the recovery of any
personal property, who fraudulently conceals, sells, or disposes of
that property, with intent to hinder, delay, or defraud the person
bringing the action or recovering the judgment, or with such intent
removes that property beyond the limits of the county in which it may
be at the time of the commencement of the action or the rendering of
the judgment, is punishable by imprisonment in a county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so concealed, sold, disposed of, or removed
consists of a stock in trade, or a part thereof, of a value
exceeding two hundred fifty dollars ($250), the offenses shall be a
felony and punishable as such.
SEC. 8. Section 337.4 of the Penal Code is amended to read:
337.4. Any person who in the commission of touting obtains money
in excess of nine hundred fifty dollars ($950) may, in addition to
being prosecuted for the violation of any provision of this chapter,
be prosecuted for the violation of Section 487 of this code.
SEC. 9. Section 368 of the Penal Code is amended to read:
368. (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
(b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
(2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor. A
second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
when the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value not exceeding nine hundred fifty
dollars ($950).
(e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950), and by a fine not exceeding one
thousand dollars ($1,000), by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, when the
moneys, labor, goods, services, or real or personal property taken or
obtained is of a value not exceeding nine hundred fifty dollars
($950).
(f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
(g) As used in this section, "elder" means any person who is 65
years of age or older.
(h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
(i) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
SEC. 10. Section 422.7 of the Penal Code is amended to read:
422.7. Except in the case of a person punished under Section
422.6, any hate crime that is not made punishable by imprisonment in
the state prison shall be punishable by imprisonment in the state
prison or in a county jail not to exceed one year, by a fine not to
exceed ten thousand dollars ($10,000), or by both that imprisonment
and fine, if the crime is committed against the person or property of
another for the purpose of intimidating or interfering with that
other person's free exercise or enjoyment of any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States under any of the following
circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of nine
hundred fifty dollars ($950).
(c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.
SEC. 11. Section 476a of the Penal Code is amended to read:
476a. (a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers any check, or draft or order upon any bank or depositary, or
person, or firm, or corporation, for the payment of money, knowing
at the time of such making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with said bank or depositary, or person, or firm, or
corporation, for the payment of such check, draft, or order and all
other checks, drafts, or orders upon such funds then outstanding, in
full upon its presentation, although no express representation is
made with reference thereto, is punishable by imprisonment in the
county jail for not more than one year, or in the state prison.
(b) However, if the total amount of all such checks, drafts, or
orders that the defendant is charged with and convicted of making,
drawing, or uttering does not exceed five hundred dollars ($500), the
offense is punishable only by imprisonment in the county jail for
not more than one year, except that this subdivision shall not be
applicable if the defendant has previously been convicted of a
violation of Section 470, 475, or 476, or of this section, or of the
crime of petty theft in a case in which defendant's offense was a
violation also of Section 470, 475, or 476 or of this section or if
the defendant has previously been convicted of any offense under the
laws of any other state or of the United States which, if committed
in this state, would have been punishable as a violation of Section
470, 475 or 476 or of this section or if he has been so convicted of
the crime of petty theft in a case in which, if defendant's offense
had been committed in this state, it would have been a violation also
of Section 470, 475, or 476, or of this section.
(c) Where such check, draft, or order is protested, on the ground
of insufficiency of funds or credit, the notice of protest thereof
shall be admissible as proof of presentation, nonpayment and protest
and shall be presumptive evidence of knowledge of insufficiency of
funds or credit with such bank or depositary, or person, or firm, or
corporation.
(d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if:
(1) At the time of the acceptance of such check, draft or order
from the drawer by the payee there is obtained from the drawer the
following information: name and residence of the drawer, business or
mailing address, either a valid driver's license number or Department
of Motor Vehicles identification card number, and the drawer's home
or work phone number or place of employment. Such information may be
recorded on the check, draft, or order itself or may be retained on
file by the payee and referred to on the check, draft, or order by
identifying number or other similar means; and
(2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
(e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or person
or firm or corporation for the payment of such check, draft or order.
(f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
(g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
The amount of the fee shall not exceed twenty-five dollars ($25)
for each bad check in addition to the amount of any bank charges
incurred by the victim as a result of the alleged offense. If the
sheriff's department, police department, or other law enforcement
agency collects any fee for bank charges incurred by the victim
pursuant to this section, that fee shall be paid to the victim for
any bank fees the victim may have been assessed. In no event shall
reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.
SEC. 12. Section 484b of the Penal Code is amended to read:
484b. Any person who receives money for the purpose of obtaining
or paying for services, labor, materials or equipment and willfully
fails to apply such money for such purpose by either willfully
failing to complete the improvements for which funds were provided or
willfully failing to pay for services, labor, materials or equipment
provided incident to such construction, and wrongfully diverts the
funds to a use other than that for which the funds were received,
shall be guilty of a public offense and shall be punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
both such fine and such imprisonment if the amount diverted is in
excess of two thousand three hundred fifty dollars ($2,350). If the
amount diverted is less than two thousand three hundred fifty dollars
($2,350), the person shall be guilty of a misdemeanor.
SEC. 13. Section 484g of the Penal Code is amended to read:
484g. Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access card or access card account information that has
been altered, obtained, or retained in violation of Section 484e or
484f, or an access card which he or she knows is forged, expired, or
revoked, or (b) obtains money, goods, services, or anything else of
value by representing without the consent of the cardholder that he
or she is the holder of an access card and the card has not in fact
been issued, is guilty of theft. If the value of all money, goods,
services, and other things of value obtained in violation of this
section exceeds nine hundred fifty dollars ($950) in any consecutive
six-month period, then the same shall constitute grand theft.
SEC. 14. Section 484h of the Penal Code is amended to read:
484h. Every retailer or other person who, with intent to defraud:
(a) Furnishes money, goods, services or anything else of value
upon presentation of an access card obtained or retained in violation
of Section 484e or an access card which he or she knows is a
counterfeit access card or is forged, expired, or revoked, and who
receives any payment therefor, is guilty of theft. If the payment
received by the retailer or other person for all money, goods,
services, and other things of value furnished in violation of this
section exceeds nine hundred fifty dollars ($950) in any consecutive
six-month period, then the same shall constitute grand theft.
(b) Presents for payment a sales slip or other evidence of an
access card transaction, and receives payment therefor, without
furnishing in the transaction money, goods, services, or anything
else of value that is equal in value to the amount of the sales slip
or other evidence of an access card transaction, is guilty of theft.
If the difference between the value of all money, goods, services,
and anything else of value actually furnished and the payment or
payments received by the retailer or other person therefor upon
presentation of a sales slip or other evidence of an access card
transaction exceeds nine hundred fifty dollars ($950) in any
consecutive six-month period, then the same shall constitute grand
theft.
SEC. 15. Section 487 of the Penal Code is amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding nine hundred fifty dollars ($950), except as
provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds two hundred fifty dollars
($250), that value may be shown by the presentation of credible
evidence which establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997.
SEC. 16. Section 487b of the Penal Code is amended to read:
487b. Every person who converts real estate of the value of two
hundred fifty dollars ($250) or more into personal property by
severance from the realty of another, and with felonious intent to do
so, steals, takes, and carries away such property is guilty of grand
theft and is punishable by imprisonment in the state prison.
SEC. 17. Section 487e of the Penal Code is amended to read:
487e. Every person who feloniously steals, takes, or carries away
a dog of another which is of a value exceeding nine hundred fifty
dollars ($950) is guilty of grand theft.
SEC. 18. Section 487f of the Penal Code is amended to read:
487f. Every person who feloniously steals, takes, or carries away
a dog of another which is of a value not exceeding nine hundred
fifty dollars ($950) is guilty of petty theft.
SEC. 19. Section 487h of the Penal Code is amended to read:
487h. (a) Every person who steals, takes, or carries away cargo
of another, when the cargo taken is of a value exceeding nine hundred
fifty dollars ($950), 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. 20. Section 496 of the Penal Code is amended to read:
496. (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting
theft or extortion, knowing the property to be so stolen or obtained,
or who conceals, sells, withholds, or aids in concealing, selling,
or withholding any property from the owner, knowing the property to
be so stolen or obtained, shall be punished by imprisonment in a
state prison, or in a county jail for not more than one year.
However, if the district attorney or the grand jury determines that
this action would be in the interests of justice, the district
attorney or the grand jury, as the case may be, may, if the value of
the property does not exceed nine hundred fifty dollars ($950),
specify in the accusatory pleading that the offense shall be a
misdemeanor, punishable only by imprisonment in a county jail not
exceeding one year.
A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted both
pursuant to this section and
of the theft of the same property.
(b) Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value in excess of
nine hundred fifty dollars ($950) that has been stolen or obtained in
any manner constituting theft or extortion, under circumstances that
should cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be punished by
imprisonment in a state prison, or in a county jail for not more
than one year.
Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value of nine hundred
fifty dollars ($950) or less that has been stolen or obtained in any
manner constituting theft or extortion, under circumstances that
should cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of a
misdemeanor.
(c) Any person who has been injured by a violation of subdivision
(a) or (b) may bring an action for three times the amount of actual
damages, if any, sustained by the plaintiff, costs of suit, and
reasonable attorney's fees.
(d) Notwithstanding Section 664, any attempt to commit any act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment
in the state prison, or in a county jail for not more than one year.
SEC. 21. Section 498 of the Penal Code is amended to read:
498. (a) The following definitions govern the construction of
this section:
(1) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
(2) "Utility" means any electrical, gas, or water corporation as
those terms are defined in the Public Utilities Code, and electrical,
gas, or water systems operated by any political subdivision.
(3) "Customer" means the person in whose name utility service is
provided.
(4) "Utility service" means the provision of electricity, gas,
water, or any other service provided by the utility for compensation.
(5) "Divert" means to change the intended course or path of
electricity, gas, or water without the authorization or consent of
the utility.
(6) "Tamper" means to rearrange, injure, alter, interfere with, or
otherwise prevent from performing a normal or customary function.
(7) "Reconnection" means the reconnection of utility service by a
customer or other person after service has been lawfully disconnected
by the utility.
(b) Any person who, with intent to obtain for himself or herself
utility services without paying the full lawful charge therefor, or
with intent to enable another person to do so, or with intent to
deprive any utility of any part of the full lawful charge for utility
services it provides, commits, authorizes, solicits, aids, or abets
any of the following shall be guilty of a misdemeanor:
(1) Diverts or causes to be diverted utility services, by any
means whatsoever.
(2) Prevents any utility meter, or other device used in
determining the charge for utility services, from accurately
performing its measuring function by tampering or by any other means.
(3) Tampers with any property owned by or used by the utility to
provide utility services.
(4) Makes or causes to be made any connection with or reconnection
with property owned or used by the utility to provide utility
services without the authorization or consent of the utility.
(5) Uses or receives the direct benefit of all or a portion of
utility services with knowledge or reason to believe that the
diversion, tampering, or unauthorized connection existed at the time
of that use, or that the use or receipt was otherwise without the
authorization or consent of the utility.
(c) In any prosecution under this section, the presence of any of
the following objects, circumstances, or conditions on premises
controlled by the customer or by the person using or receiving the
direct benefit of all or a portion of utility services obtained in
violation of this section shall permit an inference that the customer
or person intended to and did violate this section:
(1) Any instrument, apparatus, or device primarily designed to be
used to obtain utility services without paying the full lawful charge
therefor.
(2) Any meter that has been altered, tampered with, or bypassed so
as to cause no measurement or inaccurate measurement of utility
services.
(d) If the value of all utility services obtained in violation of
this section totals more than nine hundred fifty dollars ($950) or if
the defendant has previously been convicted of an offense under this
section or any former section which would be an offense under this
section, or of an offense under the laws of another state or of the
United States which would have been an offense under this section if
committed in this state, then the violation is punishable by
imprisonment in the county jail for not more than one year, or in the
state prison.
(e) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state.
SEC. 22. Section 500 of the Penal Code is amended to read:
500. (a) Any person who receives money for the actual or
purported purpose of transmitting the same or its equivalent to
foreign countries as specified in Section 1800.5 of the Financial
Code who fails to do at least one of the following acts unless
otherwise instructed by the customer is guilty of a misdemeanor or
felony as set forth in subdivision (b):
(1) Forward the money as represented to the customer within 10
days of receipt of the funds.
(2) Give instructions within 10 days of receipt of the customer's
funds, committing equivalent funds to the person designated by the
customer.
(3) Refund to the customer any money not forwarded as represented
within 10 days of the customer's written request for a refund
pursuant to subdivision (a) of Section 1810.5 of the Financial Code.
(b) (1) If the total value of the funds received from the customer
is less than nine hundred fifty dollars ($950), the offense set
forth in subdivision (a) is punishable by imprisonment in the county
jail not exceeding one year or by a fine not exceeding one thousand
dollars ($1,000), or by both imprisonment and fine.
(2) If the total value of the money received from the customer is
nine hundred fifty dollars ($950) or more, or if the total value of
all moneys received by the person from different customers is nine
hundred fifty dollars ($950), or more and the receipts were part of a
common scheme or plan, the offense set forth in subdivision (a) is
punishable by imprisonment in the state prison for 16 months, 2, or 3
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both imprisonment and fine.
SEC. 23. Section 502 of the Penal Code is amended to read:
502. (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized
access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers,
computer systems, and computer data is vital to the protection of the
privacy of individuals as well as to the well-being of financial
institutions, business concerns, governmental agencies, and others
within this state that lawfully utilize those computers, computer
systems, and data.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Access" means to gain entry to, instruct, or communicate with
the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
(2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
(3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network
to perform specified functions.
(4) "Computer services" includes, but is not limited to, computer
time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
(5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
(6) "Data" means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. Data may be in any form, in storage media, or as stored
in the memory of the computer or in transit or presented on a
display device.
(7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public
and is necessary for the operation of a computer, computer system,
computer network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program,
or data caused by the access, or the denial of access to legitimate
users of a computer system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer instructions
that are designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network
without the intent or permission of the owner of the information.
They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are
self-replicating or self-propagating and are designed to contaminate
other computer programs or computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or
computer network.
(11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
(3) Knowingly and without permission uses or causes to be used
computer services.
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.
(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.
(d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury, and
where the value of the computer services used does not exceed nine
hundred fifty dollars ($950), by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(B) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds nine hundred
fifty dollars ($950), or for any second or subsequent violation, by a
fine not exceeding ten thousand dollars ($10,000), or by
imprisonment in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment, or by a fine not
exceeding five thousand dollars ($5,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
(B) For any violation that results in a victim expenditure in an
amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year, or in the state prison, or by both that fine and imprisonment.
(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(e) (1) In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network,
computer program, or data who suffers damage or loss by reason of a
violation of any of the provisions of subdivision (c) may bring a
civil action against the violator for compensatory damages and
injunctive relief or other equitable relief. Compensatory damages
shall include any expenditure reasonably and necessarily incurred by
the owner or lessee to verify that a computer system, computer
network, computer program, or data was or was not altered, damaged,
or deleted by the access. For the purposes of actions authorized by
this subdivision, the conduct of an unemancipated minor shall be
imputed to the parent or legal guardian having control or custody of
the minor, pursuant to the provisions of Section 1714.1 of the Civil
Code.
(2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
(3) A community college, state university, or academic institution
accredited in this state is required to include computer-related
crimes as a specific violation of college or university student
conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the
academic institution. This paragraph shall not apply to the
University of California unless the Board of Regents adopts a
resolution to that effect.
(4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been
guilty of oppression, fraud, or malice as defined in subdivision (c)
of Section 3294 of the Civil Code, the court may additionally award
punitive or exemplary damages.
(5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained
of, or the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction, nor shall it
make illegal any employee labor relations activities that are within
the scope and protection of state or federal labor laws.
(g) Any computer, computer system, computer network, or any
software or data, owned by the defendant, that is used during the
commission of any public offense described in subdivision (c) or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
subdivision (c) shall be subject to forfeiture, as specified in
Section 502.01.
(h) (1) Subdivision (c) does not apply to punish any acts which
are committed by a person within the scope of his or her lawful
employment. For purposes of this section, a person acts within the
scope of his or her employment when he or she performs acts which are
reasonably necessary to the performance of his or her work
assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the
employer or another, or provided that the value of supplies or
computer services, as defined in paragraph (4) of subdivision (b),
which are used does not exceed an accumulated total of two hundred
fifty dollars ($250).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or
(7) of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under
this section, a person who causes, by any means, the access of a
computer, computer system, or computer network in one jurisdiction
from another jurisdiction is deemed to have personally accessed the
computer, computer system, or computer network in each jurisdiction.
(k) In determining the terms and conditions applicable to a person
convicted of a violation of this section the court shall consider
the following:
(1) The court shall consider prohibitions on access to and use of
computers.
(2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination
not to repeat the offense.
SEC. 24. Section 537 of the Penal Code is amended to read:
537. (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
(1) If the value of the credit, food, fuel, services, or
accommodations is nine hundred fifty dollars ($950) or less, by a
fine not exceeding one thousand dollars ($1,000) or by imprisonment
in the county jail for a term not exceeding six months, or both.
(2) If the value of the credit, food, fuel, services, or
accommodations is greater than nine hundred fifty dollars ($950), by
imprisonment in the county jail for a term of not more than one year,
or in the state prison.
(b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
(c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
(1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
(2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations.
SEC. 25. Section 537e of the Penal Code is amended to read:
537e. (a) Any person who knowingly buys, sells, receives,
disposes of, conceals, or has in his or her possession any personal
property from which the manufacturer's serial number, identification
number, electronic serial number, or any other distinguishing number
or identification mark has been removed, defaced, covered, altered,
or destroyed, is guilty of a public offense, punishable as follows:
(1) If the value of the property does not exceed nine hundred
fifty dollars ($950), by imprisonment in a county jail not exceeding
six months.
(2) If the value of the property exceeds nine hundred fifty
dollars ($950), by imprisonment in a county jail not exceeding one
year.
(3) If the property is an integrated computer chip or panel of a
value of nine hundred fifty dollars ($950) or more, by imprisonment
in the state prison for 16 months, or 2 or 3 years or by imprisonment
in a county jail not exceeding one year.
(b) For purposes of this subdivision, "personal property"
includes, but is not limited to, the following:
(1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
(2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
(3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
(4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
(5) Any tool or similar device, including any technical or
scientific equipment.
(6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
(7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
(8) Any
clock, watch, watch case, or watch movement.
(9) Any vehicle or vessel, or any component part thereof.
(c) When property described in subdivision (a) comes into the
custody of a peace officer it shall become subject to the provision
of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2,
relating to the disposal of stolen or embezzled property. Property
subject to this section shall be considered stolen or embezzled
property for the purposes of that chapter, and prior to being
disposed of, shall have an identification mark imbedded or engraved
in, or permanently affixed to it.
(d) This section does not apply to those cases or instances where
any of the changes or alterations enumerated in subdivision (a) have
been customarily made or done as an established practice in the
ordinary and regular conduct of business, by the original
manufacturer, or by his or her duly appointed direct representative,
or under specific authorization from the original manufacturer.
SEC. 26. Section 550 of the Penal Code is amended to read:
550. (a) It is unlawful to do any of the following, or to aid,
abet, solicit, or conspire with any person to do any of the
following:
(1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss or injury, including
payment of a loss or injury under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury,
including presentation of multiple claims to more than one insurer,
with an intent to defraud.
(3) Knowingly cause or participate in a vehicular collision, or
any other vehicular accident, for the purpose of presenting any false
or fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payments
of a loss for theft, destruction, damage, or conversion of a motor
vehicle, a motor vehicle part, or contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the
intent to present or use it, or to allow it to be presented, in
support of any false or fraudulent claim.
(6) Knowingly make or cause to be made any false or fraudulent
claim for payment of a health care benefit.
(7) Knowingly submit a claim for a health care benefit that was
not used by, or on behalf of, the claimant.
(8) Knowingly present multiple claims for payment of the same
health care benefit with an intent to defraud.
(9) Knowingly present for payment any undercharges for health care
benefits on behalf of a specific claimant unless any known
overcharges for health care benefits for that claimant are presented
for reconciliation at that same time.
(10) For purposes of paragraphs (6) to (9), inclusive, a claim or
a claim for payment of a health care benefit also means a claim or
claim for payment submitted by or on the behalf of a provider of any
workers' compensation health benefits under the Labor Code.
(b) It is unlawful to do, or to knowingly assist or conspire with
any person to do, any of the following:
(1) Present or cause to be presented any written or oral statement
as part of, or in support of or opposition to, a claim for payment
or other benefit pursuant to an insurance policy, knowing that the
statement contains any false or misleading information concerning any
material fact.
(2) Prepare or make any written or oral statement that is intended
to be presented to any insurer or any insurance claimant in
connection with, or in support of or opposition to, any claim or
payment or other benefit pursuant to an insurance policy, knowing
that the statement contains any false or misleading information
concerning any material fact.
(3) Conceal, or knowingly fail to disclose the occurrence of, an
event that affects any person's initial or continued right or
entitlement to any insurance benefit or payment, or the amount of any
benefit or payment to which the person is entitled.
(4) Prepare or make any written or oral statement, intended to be
presented to any insurer or producer for the purpose of obtaining a
motor vehicle insurance policy, that the person to be the insured
resides or is domiciled in this state when, in fact, that person
resides or is domiciled in a state other than this state.
(c) (1) Every person who violates paragraph (1), (2), (3), (4), or
(5) of subdivision (a) is guilty of a felony punishable by
imprisonment in the state prison for two, three, or five years, and
by a fine not exceeding fifty thousand dollars ($50,000), or double
the amount of the fraud, whichever is greater.
(2) Every person who violates paragraph (6), (7), (8), or (9) of
subdivision (a) is guilty of a public offense.
(A) When the claim or amount at issue exceeds nine hundred fifty
dollars ($950), the offense is punishable by imprisonment in the
state prison for two, three, or five years, or by a fine not
exceeding fifty thousand dollars ($50,000) or double the amount of
the fraud, whichever is greater, or by both that imprisonment and
fine, or by imprisonment in a county jail not to exceed one year, by
a fine of not more than ten thousand dollars ($10,000), or by both
that imprisonment and fine.
(B) When the claim or amount at issue is nine hundred fifty
dollars ($950) or less, the offense is punishable by imprisonment in
a county jail not to exceed six months, or by a fine of not more than
one thousand dollars ($1,000), or by both that imprisonment and
fine, unless the aggregate amount of the claims or amount at issue
exceeds nine hundred fifty dollars ($950) in any 12-consecutive-month
period, in which case the claims or amounts may be charged as in
subparagraph (A).
(3) Every person who violates paragraph (1), (2), (3), or (4) of
subdivision (b) shall be punished by imprisonment in the state prison
for two, three, or five years, or by a fine not exceeding fifty
thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine, or by
imprisonment in a county jail not to exceed one year, or by a fine of
not more than ten thousand dollars ($10,000), or by both that
imprisonment and fine.
(4) Restitution shall be ordered for a person convicted of
violating this section, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid.
(d) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of a
sentence be suspended for, any adult person convicted of felony
violations of this section who previously has been convicted of
felony violations of this section or Section 548, or of Section
1871.4 of the Insurance Code, or former Section 556 of the Insurance
Code, or former Section 1871.1 of the Insurance Code as an adult
under charges separately brought and tried two or more times. The
existence of any fact that would make a person ineligible for
probation under this subdivision shall be alleged in the information
or indictment, and either admitted by the defendant in an open court,
or found to be true by the jury trying the issue of guilt or by the
court where guilt is established by plea of guilty or nolo contendere
or by trial by the court sitting without a jury.
Except when the existence of the fact was not admitted or found to
be true or the court finds that a prior felony conviction was
invalid, the court shall not strike or dismiss any prior felony
convictions alleged in the information or indictment.
This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) Except as otherwise provided in subdivision (f), any person
who violates subdivision (a) or (b) and who has a prior felony
conviction of an offense set forth in either subdivision (a) or (b),
in Section 548, in Section 1871.4 of the Insurance Code, in former
Section 556 of the Insurance Code, or in former Section 1871.1 of the
Insurance Code shall receive a two-year enhancement for each prior
felony conviction in addition to the sentence provided in subdivision
(c). The existence of any fact that would subject a person to a
penalty enhancement shall be alleged in the information or indictment
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where
guilt is established by plea of guilty or nolo contendere or by trial
by the court sitting without a jury. Any person who violates this
section shall be subject to appropriate orders of restitution
pursuant to Section 13967 of the Government Code.
(f) Any person who violates paragraph (3) of subdivision (a) and
who has two prior felony convictions for a violation of paragraph (3)
of subdivision (a) shall receive a five-year enhancement in addition
to the sentence provided in subdivision (c). The existence of any
fact that would subject a person to a penalty enhancement shall be
alleged in the information or indictment and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by plea of
guilty or nolo contendere or by trial by the court sitting without a
jury.
(g) Except as otherwise provided in Section 12022.7, any person
who violates paragraph (3) of subdivision (a) shall receive a
two-year enhancement for each person other than an accomplice who
suffers serious bodily injury resulting from the vehicular collision
or accident in a violation of paragraph (3) of subdivision (a).
(h) This section shall not be construed to preclude the
applicability of any other provision of criminal law or equitable
remedy that applies or may apply to any act committed or alleged to
have been committed by a person.
(i) Any fine imposed pursuant to this section shall be doubled if
the offense was committed in connection with any claim pursuant to
any automobile insurance policy in an auto insurance fraud crisis
area designated by the Insurance Commissioner pursuant to Article 4.6
(commencing with Section 1874.90) of Chapter 12 of Part 2 of
Division 1 of the Insurance Code.
SEC. 27. Section 551 of the Penal Code is amended to read:
551. (a) It is unlawful for any automotive repair dealer,
contractor, or employees or agents thereof to offer to any insurance
agent, broker, or adjuster any fee, commission, profit sharing, or
other form of direct or indirect consideration for referring an
insured to an automotive repair dealer or its employees or agents for
vehicle repairs covered under a policyholder's automobile physical
damage or automobile collision coverage, or to a contractor or its
employees or agents for repairs to or replacement of a structure
covered by a residential or commercial insurance policy.
(b) Except in cases in which the amount of the repair or
replacement claim has been determined by the insurer and the repair
or replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer, it is unlawful for any automotive repair
dealer, contractor, or employees or agents thereof to knowingly offer
or give any discount intended to offset a deductible required by a
policy of insurance covering repairs to or replacement of a motor
vehicle or residential or commercial structure. This subdivision does
not prohibit an advertisement for repair or replacement services at
a discount as long as the amount of the repair or replacement claim
has been determined by the insurer and the repair or replacement
services are performed in accordance with that determination or in
accordance with provided estimates that are accepted by the insurer.
(c) A violation of this section is a public offense. Where the
amount at issue exceeds nine hundred fifty dollars ($950), the
offense is punishable by imprisonment in the state prison for 16
months, or 2 or 3 years, by a fine of not more than ten thousand
dollars ($10,000), or by both that imprisonment and fine; or by
imprisonment in a county jail not to exceed one year, by a fine of
not more than one thousand dollars ($1,000), or by both that
imprisonment and fine. In all other cases, the offense is punishable
by imprisonment in a county jail not to exceed six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(d) Every person who, having been convicted of subdivision (a) or
(b), or Section 7027.3 or former Section 9884.75 of the Business and
Professions Code and having served a term therefor in any penal
institution or having been imprisoned therein as a condition of
probation for that offense, is subsequently convicted of subdivision
(a) or (b), upon a subsequent conviction of one of those offenses,
shall be punished by imprisonment in the state prison for 16 months,
or 2 or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not to exceed one year, by a fine of not more than
one thousand dollars ($1,000), or by both that imprisonment and fine.
(e) For purposes of this section:
(1) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(2) "Contractor" has the same meaning as set forth in Section 7026
of the Business and Professions Code.
SEC. 28. Section 565 of the Penal Code is amended to read:
565. It is a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or both, for an unauthorized person to possess
or use, or to obliterate or destroy the brand registration upon,
containers (including milk cases), cabinets, or other dairy
equipment, which have a value of nine hundred fifty dollars ($950) or
less, when the containers, cabinets, or other dairy equipment are
marked with a brand that is registered pursuant to Chapter 10
(commencing with Section 34501) of Part 1 of Division 15 of the Food
and Agricultural Code. "Unauthorized person" shall have the meaning
of that term as defined in Section 34564 of the Food and Agricultural
Code.
SEC. 29. Section 566 of the Penal Code is amended to read:
566. It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment, or both,
for an unauthorized person to possess or use, or to obliterate or
destroy the brand registration upon, containers (including milk
cases), cabinets, or other dairy equipment, which have a value in
excess of nine hundred fifty dollars ($950), when the containers,
cabinets, or other dairy equipment are marked with a brand that is
registered pursuant to Chapter 10 (commencing with Section 34501) of
Part 1 of Division 15 of the Food and Agricultural Code.
"Unauthorized person" shall have the meaning of that term as defined
in Section 34564 of the Food and Agricultural Code.
SEC. 30. Section 592 of the Penal Code is amended to read:
592. (a) Every person who shall, without authority of the owner
or managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or reservoir used for the purpose of holding or
conveying water for manufacturing, agricultural, mining, irrigating,
generation of power, or domestic uses is guilty of a misdemeanor.
(b) If the total retail value of all the water taken is more than
nine hundred fifty dollars ($950), or if the defendant has previously
been convicted of an offense under this section or any former
section that would be an offense under this section, or of an offense
under the laws of another state or of the United States that would
have been an offense under this section if committed in this state,
then the violation is punishable by imprisonment in the county jail
for not more than one year, or in the state prison.
SEC. 31. Section 594.4 of the Penal Code is amended to read:
594.4. (a) Any person who willfully and maliciously injects into
or throws upon, or otherwise defaces, damages, destroys, or
contaminates, any structure with butyric acid, or any other similar
noxious or caustic chemical or substance, is guilty of a public
offense, punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by both
that imprisonment and fine.
(b) (1) If the amount of the defacement, damage, destruction, or
contamination is fifty thousand dollars ($50,000) or more, by a fine
of not more than fifty thousand dollars ($50,000).
(2) If the amount of the defacement, damage, destruction, or
contamination is five thousand dollars ($5,000) or more, but less
than fifty thousand dollars ($50,000), by a fine of not more than ten
thousand dollars ($10,000).
(3) If the amount of defacement, damage, destruction, or
contamination is nine hundred fifty dollars ($950) or more, but less
than five thousand dollars ($5,000), by a fine of not more than five
thousand dollars ($5,000).
(4) If the amount of the defacement, damage, destruction, or
contamination is less than nine hundred fifty dollars ($950), by a
fine of not more than one thousand dollars ($1,000).
(c) For purposes of this section, "structure" includes any house
or other building being used at the time of the offense for a
dwelling or for commercial purposes.
SEC. 32. Section 641.3 of the Penal Code is amended to read:
641.3. (a) Any employee who solicits, accepts, or agrees to
accept money or any thing of value from a person other than his or
her employer, other than in trust for the employer, corruptly and
without the knowledge or consent of the employer, in return for using
or agreeing to use his or her position for the benefit of that other
person, and any person who offers or gives an employee money or any
thing of value under those circumstances, is guilty of commercial
bribery.
(b) This section does not apply where the amount of money or
monetary worth of the thing of value is two hundred fifty dollars
($250) or less.
(c) Commercial bribery is punishable by imprisonment in the county
jail for not more than one year if the amount of the bribe is one
thousand dollars ($1,000) or less, or by imprisonment in the county
jail, or in the state prison for 16 months, or two or three years if
the amount of the bribe exceeds one thousand dollars ($1,000).
(d) For purposes of this section:
(1) "Employee" means an officer, director, agent, trustee,
partner, or employee.
(2) "Employer" means a corporation, association, organization,
trust, partnership, or sole proprietorship.
(3) "Corruptly" means that the person specifically intends to
injure or defraud (A) his or her employer, (B) the employer of the
person to whom he or she offers, gives, or agrees to give the money
or a thing of value, (C) the employer of the person from whom he or
she requests, receives, or agrees to receive the money or a thing of
value, or (D) a competitor of any such employer.
SEC. 33. Section 2932 of the Penal Code is amended to read:
2932. (a) (1) For any time credit accumulated pursuant to Section
2931 or to subdivisions (a) and (b) of Section 2933.05, not more
than 360 days of credit may be denied or lost for a single act of
murder, attempted murder, solicitation of murder, manslaughter, rape,
sodomy, or oral copulation accomplished against the victim's will,
attempted rape, attempted sodomy, or attempted oral copulation
accomplished against the victim's will, assault or battery causing
serious bodily injury, assault with a deadly weapon or caustic
substance, taking of a hostage, escape with force or violence, or
possession or manufacture of a deadly weapon or explosive device,
whether or not prosecution is undertaken for purposes of this
paragraph. Solicitation of murder shall be proved by the testimony of
two witnesses, or of one witness and corroborating circumstances.
(2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be
ineligible to receive credit pursuant to subdivisions (a) and (b) of
Section 2933.05 for a period not to exceed the number of days of
credit which have been lost for the act of misconduct or 180 days,
whichever is less. Any person confined in a secure housing unit for
having committed any misconduct specified in paragraph (1) in which
great bodily injury is inflicted upon a nonprisoner shall, in
addition to any loss of time credits, be ineligible to receive credit
pursuant to Section 2933.05 for a period not to exceed the number of
days of credit which have been lost for that act of misconduct, or
for the period that the prisoner is confined in a secure housing
unit, whichever is less. In unusual cases, an inmate may be denied
the opportunity to participate in an assignment for up to six months
beyond the period specified in this subdivision if the secretary of
the department finds, after a hearing, that no program may be
assigned to the inmate without creating a substantial risk of
physical harm to staff or other inmates. At the end of the six-month
period and of successive six-month periods, the denial of the
opportunity to participate in an assignment may be renewed upon a
hearing and finding by the secretary.
The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
(b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of credit may be denied or lost for a single failure or
refusal to participate. Any act of misconduct described by the
Department of Corrections and Rehabilitation as a serious
disciplinary infraction if committed while participating in work,
educational, vocational, therapeutic, or other prison activity shall
be deemed a failure to participate.
(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections and Rehabilitation for
serious disciplinary infractions if those procedures are not in
conflict with this section.
(1) (A) The Department of Corrections and Rehabilitation shall,
using reasonable diligence to investigate, provide written notice to
the prisoner. The written notice shall be given within 15 days after
the discovery of information leading to charges that may result in a
possible denial of credit, except that if the prisoner has escaped,
the notice shall be given within 15 days of the prisoner's return to
the custody of the Secretary of the Department of Corrections and
Rehabilitation. The written notice shall include the specific charge,
the date, the time, the place that the alleged misbehavior took
place, the evidence relied upon, a written explanation of the
procedures that will be employed at the proceedings and the prisoner'
s rights at the hearing. The hearing shall be conducted by an
individual who shall be independent of the case and shall take place
within 30 days of the written notice.
(B) The Department of Corrections and Rehabilitation may delay
written notice beyond 15 days when all of the following factors are
true:
(i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
(iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
(iv) The warden of the institution approves of the delay in
writing.
The period of delay under this paragraph shall not exceed 30 days.
The prisoner's hearing shall take place within 30 days of the
written notice.
(2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that: (A)
the prisoner is illiterate; or (B) the complexity of the issues or
the prisoner's confinement status makes it unlikely that the prisoner
can collect and present the evidence necessary for an adequate
comprehension of the case.
(3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented to
the prisoner.
(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
(5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the Department of Corrections and
Rehabilitation's review procedure, and may, upon final notification
of appeal denial, within 15 days of the notification, demand review
of the department's denial of credit to the Board of Parole Hearings,
and the board may affirm, reverse, or modify the department's
decision or grant a hearing before the board at which hearing the
prisoner shall have the rights specified in Section 3041.5.
(e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated
release date due to denial or loss of credits, award of any credit
pursuant to Section 2933.05, or the restoration of any credits
previously forfeited.
(f) If the conduct the prisoner is charged with also constitutes a
crime, the Department of Corrections and Rehabilitation may refer
the case to criminal authorities for possible prosecution. The
department shall notify the prisoner, who may request postponement of
the disciplinary proceedings pending the referral.
The prisoner may revoke his or her request for postponement of the
disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
Notwithstanding the notification requirements in this paragraph
and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in
the event the case is referred to criminal authorities for
prosecution and the authority requests that the prisoner not be
notified so as to protect the confidentiality of its investigation,
no notice to the prisoner shall be required until an accusatory
pleading is filed with the court, or the authority notifies the
warden, in writing, that it will not prosecute or it authorizes the
notification of the prisoner. The notice exceptions provided for in
this paragraph shall only apply if the criminal authority requests of
the warden, in writing, and within the 15 days provided in
subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to in
subdivision (c). In the event that no prosecution is undertaken, the
procedures in subdivision (c) shall apply, and the time periods set
forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections and Rehabilitation shall not
deny time credit where the prisoner is found not guilty and may deny
credit if the prisoner is found guilty, in which case the procedures
in subdivision (c) shall not apply.
(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
(h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.
SEC. 34. Section 2933 of the Penal Code is repealed.
SEC. 35. Section 2933.05 is added to the Penal Code, to read:
2933.05. A prisoner sentenced to the state prison under Section
1170 shall receive credit reductions from his or her term of
confinement as follows:
(a) One day of credit for every day served in the state prison.
(b) Except as provided in subdivision (f), one day of credit for
every day served in a county jail, city jail, industrial farm, or
road camp after the date of sentencing to the state prison as
specified in subdivision (g) of Section 4019.
(c) Credits earned pursuant to subdivision (a) or (b) are subject
to denial or loss pursuant to the provisions of this article,
including for refusal to perform work or participate in a program as
ordered or assigned.
(d) (1) Except as provided in subdivision (f), a prisoner shall
receive up to four months of program completion credit for the
successful completion of any inmate program approved by the
secretary, including, but not limited to, any of the following:
(A) A drug rehabilitation program.
(B) An alcohol rehabilitation program.
(C) An educational program.
(D) A vocational program, including, but not limited to, those
operated by the Prison Industry Authority and Joint Venture.
(E) Any other behavior management, mental health treatment, or
rehabilitative program offered by the department.
(2) A prisoner may earn up to four months of program completion
credit for each program he or she successfully completes.
(e) Once an inmate earns program completion credits pursuant to
subdivision (d), those credits are not subject to loss pursuant to
the provisions of this article.
(f) Credits specified in subdivisions (b) and (d) shall not apply
to a prisoner serving a term of imprisonment for either an offense
requiring registration as a sex offender pursuant to Chapter 5.5
(commencing with Section 290) of Title 9 of Part 1 or an offense
sentenced pursuant to subdivisions (b) to (i), inclusive, of Section
667 or Section 1170.12.
(g) Less than maximum credit should be awarded pursuant to
regulations adopted by the secretary for prisoners who undergo a
change in custodial classification.
SEC. 36. Section 2933.1 of the Penal Code is amended to read:
2933.1. (a) Notwithstanding any other law, any person who is
convicted of a felony offense listed in subdivision (c) of Section
667.5 shall accrue no more than 15 percent of credit.
(b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
(c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Secretary of the Department
of Corrections and Rehabilitation, shall not exceed 15 percent of the
actual period of confinement for any person specified in subdivision
(a).
(d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.
SEC. 37. Section 2933.2 of the Penal Code is amended to read:
2933.2. (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of murder, as defined in Section 187, shall
not accrue any credit, as specified in Section 2933.05.
(b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.
(c) Notwithstanding Section 4019 or any other provision of law, no
credit pursuant to Section 4019 may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest for any person specified in subdivision (a).
(d) This section shall only apply to murder that is committed on
or after the date on which this section becomes operative.
SEC. 38. Section 2933.3 of the Penal Code is amended to read:
2933.3. Notwithstanding any other provision of law, any inmate
assigned to a conservation camp by the Department of Corrections and
Rehabilitation, including any inmate on the wait list for transfer to
a conservation camp, who is eligible to earn one day of credit for
every one day served in custody, as specified in subdivision (a) of
Section 2933.05 shall instead earn two days of credit for every one
day on the wait list for or on assignment to a conservation camp.
This enhanced credit shall only apply to those eligible after January
1, 2003, except as to inmates on the wait list, to whom this
enhanced credit shall apply after the date of enactment of the act
that amended this section in the 2009-10 First Extraordinary Session.
SEC. 39. Section 2933.4 of the Penal Code is amended and
renumbered to read:
3050. (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
inprison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
SEC. 40. Section 2933.4 is added to the Penal Code, to read:
2933.4. (a) Under regulations adopted by the Department of
Corrections and Rehabilitation, which shall require a period of not
more than one year free of disciplinary infractions, credit lost or
denied pursuant to Section 2932 may be restored.
(1) The regulations shall provide for separate classifications of
serious disciplinary infractions as they relate to restoration of
credits, the time period required before forfeited credits or a
portion thereof may be restored, and the percentage of forfeited
credits that may be restored for these time periods.
(2) For credits forfeited for commission of a felony specified in
paragraph (1) of subdivision (a) of Section 2932, the department may
provide that up to 180 days of lost credit shall not be restored and
up to 90 days of credit shall not be restored for a forfeiture
resulting from conspiracy or attempts to commit one of those acts.
(3) No credits may be restored if they were forfeited for a
serious disciplinary infraction in which the victim died or was
permanently disabled.
(4) (A) Upon application of the prisoner and following completion
of the required time period free of disciplinary offenses, forfeited
credits eligible for restoration under the regulations for
disciplinary offenses other than serious disciplinary infractions
punishable by a credit loss of more than 90 days shall be restored
unless, at a hearing, it is found that extraordinary circumstances
are present that require that credits not be restored.
(B) "Extraordinary circumstances" shall be defined in the
regulations adopted by the secretary. However, in any case in which
credit was forfeited for a serious disciplinary infraction punishable
by a credit loss of more than 90 days, restoration of credit shall
be at the discretion of the secretary.
(b) The prisoner may appeal the finding through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
(c) Subdivisions (a) and (b) shall also apply in cases of credit
forfeited under Section 2931 for offenses and serious disciplinary
infractions occurring on or after January 1, 1983.
SEC. 41. Section 2933.5 of the Penal Code is amended to read:
2933.5. (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this article.
(2) As used in this subdivision, "felony offense" includes any of
the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
(C) Mayhem as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
(K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
(L) Continuous sexual abuse of a child, as described in Section
288.5.
(M) Sexual penetration, as described in subdivision (a) of Section
289.
(N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
(O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
(b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
(c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
(d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.
SEC. 42. Section 2933.6 of the Penal Code is amended to read:
2933.6. (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn
credits, pursuant to Section 2933.05, during the time he or she is in
the Security Housing Unit or the Administrative Segregation Unit for
that misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.
SEC. 43. Section 3000 of the Penal Code is amended to read:
3000. (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family, and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence pursuant to Section 1168 or 1170 shall
include a period of parole, unless otherwise provided in this
section.
(2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
(1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933.05, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except as follows, or unless the
parole authority for good cause waives parole and discharges the
inmate from the custody of the department:
(A) A person sentenced for an offense specified in paragraph (3),
(4), (5), (6), (11), (16), or (18) of subdivision (c) of Section
667.5 shall be released on parole for a period of no more than five
years.
(B) A person who is not required to register as a sex offender
pursuant to Section 290, who was not sentenced for any offense that
is a serious felony, as defined in Section 1192.7, or a violent
felony, as defined in Section 667.5, and who does not have a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5 shall be discharged from
parole if he or she has been on parole continuously for six
consecutive months.
(C) A person who is on parole as of the effective date of the
amendment of this subdivision during the 2009-10 First Extraordinary
Session of the Legislature whose parole is not pending revocation
shall be discharged from parole immediately if he or she has already
served the time and met the terms specified in subparagraph (B), or
upon meeting the terms of subparagraph (B).
(2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be 10 years.
(4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
(5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody. The date of the maximum
statutory period of parole under this subdivision and paragraphs
(1), (2), and (3) shall be computed from the date of initial parole
and shall be a period chronologically determined. Time during which
parole is suspended because the prisoner has absconded or has been
returned to custody as a parole violator shall not be credited toward
any period of parole unless the prisoner is found not guilty of the
parole violation. However, the period of parole is subject to the
following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(6) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, the conditions of parole and the length of parole
up to the maximum period of time provided by law. The inmate has the
right to reconsideration of the length of parole and conditions
thereof by the parole authority. The Department of Corrections and
Rehabilitation or the Board of Parole Hearings may impose as a
condition of parole that a prisoner make payments on the prisoner's
outstanding restitution fines or orders imposed pursuant to
subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
(7) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
(8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
(9) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
SEC. 44. Section 3060.95 is added to the Penal Code, to read:
3060.95. (a) It is the intent of the Legislature that parole
violators who present a lower risk to public safety based on their
criminal history, the outcomes of risk assessments such as those
authorized in Section 33 of Chapter 175 of the Statutes of 2007, and
the nature of their parole violations shall be given community
sanctions where appropriate. Community sanctions include, but are not
limited to, community work crews, increased supervision, increased
drug testing, home detention, electronic monitoring, day reporting
centers, short-term incarceration, or any combination of these.
(b) No later than January 1, 2009, the Department of Corrections
and Rehabilitation shall begin implementation of a parole violation
decisionmaking instrument designed to provide guidelines for use by
parole agents and the Board of Parole Hearings to determine the most
appropriate sanctions for parolees who violate their conditions of
parole.
(c) For purposes of this section, a "parole violation
decisionmaking instrument" provides ranges of appropriate sanctions
for parole violators given relevant case factors, such as offense
history, risk of reoffending or risk of violence based on a validated
risk assessment tool, need for treatment services, the number and
type of current and prior parole violations, and other relevant
statutory requirements.
(d) Parole agents and, when a violation of parole has been
referred to the board, the board, shall impose sanctions on parole
violators in accordance with the parole decision instrument.
(e) The department shall adopt emergency regulations to implement
this section initially, and shall subsequently adopt permanent
regulations that make appropriate changes in policies and procedures
to reflect the intent of this section.
(f) Subject to legislative appropriation, the department shall
ensure that sufficient bed or program capacity is available in the
community to assign parole violators to those sanctions designated in
the parole violation decisionmaking instrument.
(g) Nothing in this section shall limit the authority of counties
to prosecute parolees who commit new crimes.
SEC. 45. Section 4019 of the Penal Code is amended to read:
4019. (a) The provisions of subdivisions (b) to (f), inclusive,
of this section shall apply in all of the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is
confined in or committed to the county jail, industrial farm, or road
camp or any city jail, industrial farm, or road camp as a condition
of probation after suspension of imposition of a sentence or
suspension of execution of sentence, in a criminal action or
proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction of either an offense for which registration as a sex
offender is required pursuant to Chapter 5.5 (commencing with Section
290) of Title 9 of Part 1 or an offense which is sentenced pursuant
to subdivisions (b) to (i), inclusive, of Section 667 or Section
1170.12.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned as specified in subdivisions (b) to (e), inclusive, of this
section, a term of six days will be deemed to have been served for
every four days spent in actual custody.
(g) Subdivision (h) shall apply to every prisoner confined in a
county jail, city jail, industrial farm, or road camp following
arrest and prior to a court's imposition of a state prison sentence
for a felony conviction under Section 1170 that is not suspended or a
court's order executing a state prison sentence for a felony
conviction under Section 1170 that is suspended, except for a
prisoner serving a term of imprisonment for either an offense
requiring registration as a sex offender pursuant to Chapter 5.5
(commencing with Section 290) of Title 9 of Part 1 or an offense
sentenced pursuant to subdivisions (b) to (i), inclusive, of Section
667 or Section 1170.12.
(h) For each day that a prisoner is confined in or committed to a
facility as specified in subdivision (g), one day shall be deducted
from his or her period of confinement unless it appears by the record
that the prisoner has not satisfactorily complied with the
reasonable rules and regulations established by the sheriff, chief of
police, or superintendent of an industrial farm or road camp.
SEC. 46. Section 4600 of the Penal Code is amended to read:
4600. (a) Every person who willfully and intentionally breaks
down, pulls down, or otherwise destroys or injures any jail, prison,
or any public property in any jail or prison, is punishable by a fine
not exceeding ten thousand dollars ($10,000), and by imprisonment in
the state prison, except that where the damage or injury to any
city, city and county, or county jail property or prison property is
determined to be nine hundred fifty dollars ($950) or less, that
person is guilty of a misdemeanor.
(b) In any case in which a person is convicted of violating this
section, the court may order the defendant to make restitution to the
public entity that owns the property damaged by the defendant. The
court shall specify in the order that the public entity that owns the
property damaged by the defendant shall not enforce the order until
the defendant satisfies all outstanding fines, penalties,
assessments, restitution fines, and restitution orders.
SEC. 47. Section 14591 of the Public Resources Code is amended to
read:
14591. (a) Except as provided in subdivision (b), in addition to
any other applicable civil or criminal penalties, any person
convicted of a violation of this division is guilty of an infraction,
which is punishable by a fine of one hundred dollars ($100) for each
initial separate violation and not more than one thousand dollars
($1,000) for each subsequent separate violation per day.
(b) (1) Every person who, with intent to defraud, takes any of the
following actions is guilty of fraud:
(A) Submits a false or fraudulent claim for payment pursuant to
Section 14573 or 14573.5.
(B) Fails to accurately report the number of beverage containers
sold, as required by subdivision (b) of Section 14550.
(C) Fails to make payments as required by Section 14574.
(D) Redeems out-of-state containers, rejected containers, line
breakage, or containers that have already been redeemed.
(E) Returns redeemed containers to the marketplace for redemption
.
(F) Brings out-of-state containers, rejected containers, or line
breakage to the marketplace for redemption.
(G) Submits a false or fraudulent claim for handling fee payments
pursuant to Section 14585.
(2) If the money obtained or withheld pursuant to paragraph (1)
exceeds nine hundred fifty dollars ($950), the fraud is punishable by
imprisonment in the county jail for not more than one year or by a
fine not exceeding ten thousand dollars ($10,000), or by both, or by
imprisonment in the state prison for 16 months, two years, or three
years, or by a fine not exceeding twenty-five thousand dollars
($25,000) or twice the late or unmade payments plus interest,
whichever is greater, or by both fine and imprisonment. If the money
obtained or withheld pursuant to paragraph (1) equals, or is less
than, nine hundred fifty dollars ($950), the fraud is punishable by
imprisonment in the county jail for not more than six months or by a
fine not exceeding one thousand dollars ($1,000), or by both.
(c) For purposes of this section and Chapter 8.5 (commencing with
Section 14595), "line breakage" and "rejected container" have the
same meanings as defined in the regulations adopted or amended by the
department pursuant to this division.
SEC. 48. Section 41955 of the Public Resources Code is amended to
read:
41955. If the value of the stolen material is more than fifty
dollars ($50), but less than nine hundred fifty dollars ($950), a
violation of this part may be charged as either a misdemeanor or an
infraction. A violation after a second conviction within a 12-month
period shall be charged as a misdemeanor punishable pursuant to
Section 19 of the Penal Code.
SEC. 49. Section 10851.5 of the Vehicle Code is amended to read:
10851.5. Any person who takes binder chains, required under
regulations adopted pursuant to Section 31510, having a value of nine
hundred fifty dollars ($950) or less which chains are not his own,
without the consent of the owner thereof, and with intent either
permanently or temporarily to deprive the owner thereof of his title
to or possession of the binder chains whether with or without intent
to steal the same, or any person who is a party or accessory to or an
accomplice in the unauthorized taking or stealing is guilty of a
misdemeanor, and upon conviction thereof shall be punished by
imprisonment in the county jail for not less than six months or by a
fine of not less than one thousand dollars ($1,000) or by both such
fine and imprisonment. The consent of the owner of the binder chain
to its taking shall not in any case be presumed or implied because of
such owner's consent on a previous occasion to the taking of the
binder chain by the same or a different person.
SEC. 50. Section 42002.4 of the Vehicle Code is amended to read:
42002.4. A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed nine hundred fifty dollars ($950),
and by imprisonment in the county jail not exceeding one year if the
value of the property is more than nine hundred fifty dollars ($950).
SEC. 51. Section 10980 of the Welfare and Institutions Code is
amended to read:
10980. (a) Any person who, willfully and knowingly, with the
intent to deceive, makes a false statement or representation or
knowingly fails to disclose a material fact in order to obtain aid
under the provisions of this division or who, knowing he or she is
not entitled thereto, attempts to obtain aid or to continue to
receive aid to which he or she is not entitled, or to receive a
larger amount than that to which he or she is legally entitled, is
guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for that aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both imprisonment
and fine; or by imprisonment in the county jail for a period of not
more than one year, or by a fine of not more than one thousand
dollars ($1,000), or by both imprisonment and fine.
(c) Whenever any person has, willfully and knowingly, with the
intent to deceive, by means of false statement or representation, or
by failing to disclose a material fact, or by impersonation or other
fraudulent device, obtained or retained aid under the provisions of
this division for himself or herself or for a child not in fact
entitled thereto, the person obtaining this aid shall be punished as
follows:
(1) If the total amount of the aid obtained or retained is nine
hundred fifty dollars ($950) or less, by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(2) If the total amount of the aid obtained or retained is more
than nine hundred fifty dollars ($950), by imprisonment in the state
prison for a period of 16 months, two years, or three years, by a
fine of not more than five thousand dollars ($5,000), or by both
imprisonment and fine; or by imprisonment in the county jail for a
period of not more than one year, by a fine of not more than one
thousand dollars ($1,000), or by both imprisonment and fine.
(d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal Food
Stamp Program in any manner not authorized by Chapter 10 (commencing
with Section 18900) of Part 6 with the intent to defraud is guilty of
a felony, punishable by imprisonment in the state prison for a
period of 16 months, two years, or three years, by a fine of not more
than five thousand dollars ($5,000), or by both imprisonment and
fine.
(e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal Food Stamp Program or to
receive food stamps or electronically transferred benefits in any
manner not authorized by the Food Stamp Act of 1964 (Public Law
88-525 and all amendments thereto) or the federal regulations
pursuant to the act is guilty of forgery.
(f) Any person who fraudulently appropriates food stamps,
electronically transferred benefits, or authorizations to participate
in the federal Food Stamp Program with which he or she has been
entrusted pursuant to his or her duties as a public employee is
guilty of embezzlement of public funds.
(g) Any person who knowingly uses, transfers, sells, purchases, or
possesses food stamps, electronically transferred benefits, or
authorizations to participate in the federal Food Stamp Program in
any manner not authorized by Chapter 10 (commencing with Section
18900), of Part 6, or by the federal Food Stamp Act of 1977 (Public
Law 95-113 and all amendments thereto) (1) is guilty of a misdemeanor
if the face value of the food stamp benefits or the authorizations
to participate is nine hundred fifty dollars ($950) or less, and
shall be punished by imprisonment in the county jail for a period of
not more than six months, by a fine of not more than five hundred
dollars ($500), or by both imprisonment and fine, or (2) is guilty of
a felony if the face value of the food stamps or the authorizations
to participate exceeds nine hundred fifty dollars ($950), and shall
be punished by imprisonment in the state prison for a period of 16
months, two years, or three years, by a fine of not more than five
thousand dollars ($5,000), or by both imprisonment and fine, or by
imprisonment in the county jail for a period of not more than one
year, or by a fine of not more than one thousand dollars ($1,000), or
by both imprisonment and fine.
(h) (1) If the violation of subdivision (f) or (g) is committed by
means of an electronic transfer of benefits, in addition and
consecutive to the penalties for the violation, or attempted
violation, of those subdivisions, the court shall impose the
following punishment:
(A) If the electronic transfer of benefits exceeds fifty thousand
dollars ($50,000), an additional term of one year in state prison.
(B) If the electronic transfer of benefits exceeds one hundred
fifty thousand dollars ($150,000), an additional term of two years in
state prison.
(C) If the electronic transfer of benefits exceeds one million
dollars ($1,000,000), an additional term of three years in state
prison.
(D) If the electronic transfer of benefits exceeds two million
five hundred thousand dollars ($2,500,000), an additional term of
four years.
(2) In any accusatory pleading involving multiple charges of
violations of subdivision (f) or (g), or both, committed by means of
an electronic transfer of benefits, the additional terms provided in
paragraph (1) may be imposed if the aggregate losses to the victims
from all violations exceed the amounts specified in this paragraph
and arise from a common scheme or plan.
(i) A person who is punished by an additional term of imprisonment
under another provision of law for a violation of subdivision (f) or
(g) shall not receive an additional term of imprisonment under
subdivision (h).
SEC. 52. Section 15656 of the Welfare and Institutions Code is
amended to read:
15656. (a) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
unjustifiable physical pain or mental suffering upon him or her, or
having the care or custody of any elder or dependent adult, willfully
causes or permits the person or health of the elder or dependent
adult to be injured, or willfully causes or permits the elder or
dependent adult to be placed in a situation such that his or her
person or health is endangered, is punishable by imprisonment in the
county jail not exceeding one year, or in the state prison for two,
three, or four years.
(b) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts unjustifiable physical pain or mental suffering
on him or her, or having the care or custody of any elder or
dependent adult, willfully causes or permits the person or health of
the elder or dependent adult to be injured or willfully causes or
permits the elder or dependent adult to be placed in a situation such
that his or her person or health may be endangered, is guilty of a
misdemeanor.
(c) Any caretaker of an elder or a dependent adult who violates
any provision of law prescribing theft or embezzlement, with respect
to the property of that elder or dependent adult, is punishable by
imprisonment in the county jail not exceeding one year, or in the
state prison for two, three, or four years when the money, labor, or
real or personal property taken is of a value exceeding nine hundred
fifty dollars ($950), and by a fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
one year, or by both that imprisonment and fine, when the money,
labor, or real or personal property taken is of a value not exceeding
nine hundred fifty dollars ($950).
(d) As used in this section, "caretaker" means any person who has
the care, custody, or control of or who stands in a position of trust
with, an elder or a dependent adult.
(e) Conduct covered in subdivision (b) of Section 15610.57 shall
not be subject to this section.
SEC. 53. The Department of Corrections and Rehabilitation shall
implement the changes made by this act regarding time credits and
parole periods in a reasonable time. However, in light of limited
case management resources, it is expected that there will be some
delays in determining the amount of additional time credits to be
granted against inmate sentences, and in determining the
applicability of new periods of parole resulting from changes in law
pursuant to this act. An inmate shall have no cause of action or
claim for damages because of any additional time spent in custody or
on parole due to reasonable delays in implementing the changes in the
credit and parole provisions of this act. However, to the extent
that excess days in state prison due to delays in implementing this
act are identified, they shall be considered as time spent on parole,
if any parole period is applicable.
SEC. 54. 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.
SEC. 55. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 1, 2008, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.
SEC. 56. This act shall not become operative unless either
Assembly Bill 2 or Senate Bill 2 and either Assembly Bill 9 or Senate
Bill 9 of the 2009-10 First Extraordinary Session are chaptered.