BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2372|
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                                 THIRD READING


          Bill No:  AB 2372
          Author:   Ammiano (D)
          Amended:  3/11/10 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-1, 6/29/10
          AYES:  Leno, Cedillo, Hancock, Steinberg, Wright
          NOES:  Huff
          NO VOTE RECORDED:  Cogdill

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  44-30, 6/1/10 - See last page for vote


           SUBJECT  :    Grand theft:  property value threshold

           SOURCE  :     American Civil Liberties Union
                      California Attorneys for Criminal Justice


           DIGEST  :    This bill raises the general value threshold for  
          grand theft from $400, as that value was set in 1982, to  
          $950.

           ANALYSIS  :    Existing law generally provides that grand  
          theft is theft when the money, labor, or real or personal  
          property taken is of a value exceeding $400.

          This bill increases the threshold amount that constitutes  
          grand theft from $400 to $950, unless a more specific  
          provision applies.
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          Related Legislation

          SBX3 18 (Ducheny), Chapter 28, Statutes of 2009, increases  
          the threshold amount for thefts of specified agricultural  
          goods and specified aquacultural products from $100 to  
          $250.  SBx3 18 also increased the threshold amount of  
          thefts of money, labor, or real or personal property taken  
          by an agent, servant, or employee from $400 to $950.   
          Provisions equivalent to those in this bill were contained  
          in AB x3 14 (Arambula), which died on the Assembly Floor.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/2/10)

          American Civil Liberties Union (co-source)
          California Attorneys for Criminal Justice (co-source)
          California Coalition for Women Prisoners
          California Public Defenders Association
          Friends Committee on Legislation
          Legal Services for Prisoners with Children
          SEIU Local 1000

           OPPOSITION  :    (Verified  8/2/10)

          California Grocers Association

           ARGUMENTS IN SUPPORT  :    According to the author's office  
          states, "existing law sets the minimum threshold for grand  
          theft at $400.  This amount has not been indexed for  
          inflation and has not been adjusted since 1982.  Last year,  
          we adjusted the threshold for 39 property crimes but did  
          not adjust grand theft.  Grand theft was established as a  
          crime in 1867 for crimes involving more than $50.  That  
          figure was first adjusted in 1923 and increased to $200.

          According to the United States Department of Labor's  
          Consumer Price Index, "the $200 threshold established in  
          1923 if adjusted for inflation would be $2,534 in 2010.   
          The $400 level established in 1982 would be around $900  
          today.  AB 2372 adjusts the threshold amount for the first  
          time in a generation, taking into consideration these  







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          inflationary factors, and sets the amount at $950.  Leaving  
          the grand theft threshold itself unchanged undermines the  
          impact of the other property crimes adjustment because the  
          crimes could alternatively be charged as grand theft.  In  
          2009, the Department of Corrections estimated savings of  
          $68.4 million dollars for the 2010/11 Budget if all  
          property crimes were adjusted for inflation.  Leaving the  
          grand theft threshold unchanged undermines these savings.   
          The Department estimates there will be 2,152 fewer  
          defendants sent to state prison for these property crimes  
          by December 2011 if AB 2732 is enacted into law."


           ASSEMBLY FLOOR  : 
          AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Hall,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Norby, V. Manuel Perez,  
            Ruskin, Salas, Saldana, Skinner, Swanson, Torlakson,  
            Yamada, John A. Perez
          NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,  
            Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Harkey, Jeffries,  
            Knight, Lieu, Logue, Miller, Nestande, Niello, Nielsen,  
            Portantino, Silva, Smyth, Torres, Tran, Villines
          NO VOTE RECORDED: Tom Berryhill, Nava, Solorio, Audra  
            Strickland, Torrico, Vacancy


          RJG:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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