BILL NUMBER: SB 24	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        DECEMBER 1, 2008

   An act to amend Section 487h of the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 24, as introduced, Oropeza. Grand theft: cargo.
   Existing law, until January 1, 2010, provides, subject to
exceptions, that every person who steals, takes, or carries away
cargo of another, as defined, when the cargo taken is of a value
exceeding $400, is guilty of grand theft.
   This bill would instead make these provisions operative
indefinitely.
   By extending the operation of an existing crime, this bill would
impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
   SB 24, as introduced, Oropeza. Grand theft: cargo.
   Existing law, until January 1, 2010, provides, subject to
exceptions, that every person who steals, takes, or carries away
cargo of another, as defined, when the cargo taken is of a value
exceeding $400, is guilty of grand theft.
   This bill would instead make these provisions operative
indefinitely.
   By extending the operation of an existing crime, this bill would
impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  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 four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
   (b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.

   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
  SEC. 2.  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.

  SECTION 1.  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 four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
   (b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.

   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
  SEC. 2.  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.