BILL ANALYSIS Ó AB 316 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 316 (Carter) As Amended June 28, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-2 |(June 1, 2011) |SENATE: |37-0 |(July 11, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Creates a fine for grand theft of copper. Specifically, this bill creates a fine not to exceed $2,500 in addition to existing imprisonment provisions for every person who steals, takes, or carries away copper materials of another, including but not limited to, copper wire, copper cable, copper tubing and copper piping, which are of a value exceeding $950. The Senate amendments specify a fine of up to $10,000 for felony grand theft of copper and makes imposition of the fine mandatory. EXISTING LAW : 1)Defines "grand theft" as any theft where the money, labor, or real or personal property taken or when the property is taken from the person of another is of a value exceeding $950. 2)Provides that grand theft is committed when the money, labor, or real or personal property taken is of a value in excess of $950, except as specified. 3)Provides that notwithstanding the value of the property taken, grand theft is committed in any of the following cases: a) When domestic fowls, avocados, or other farm crops are taken of a value exceeding $250; b) When fish or other aquacultural products are taken from a commercial or research operation that is producing that product of a value exceeding $250; c) Where money, labor or property is taken by a servant or AB 316 Page 2 employee from his or her principal and aggregates $950 or more in any consecutive 12-month period; d) When the property is taken from the person of another; or, e) When the property taken is, among other things, an automobile, horse or firearm. Provides that if the grand theft involves the theft of a firearm, it is punishable by imprisonment in state prison for 16 months, 2 or 3 years. 4)Provides that in all other cases, grand theft is punishable by imprisonment in county jail for not more than one year or in the state prison. 5)Provides that theft in other cases is petty theft. 6)States that petty theft is punishable by a fine not exceeding $1,000; by imprisonment in the county jail not exceeding six months; or, both. 7)Provides that any person who enters specified buildings, including a vehicle, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, with intent to commit grand or petty theft or any felony is guilty of a burglary. AS PASSED BY THE ASSEMBLY , this bill created a fine for grand theft of copper. Specifically, this bill created a fine not to exceed $2,500 in addition to existing imprisonment provisions for every person who feloniously steals, takes, or carries away copper materials of another, including but not limited to copper wire, copper cable, copper tubing and copper piping, which are of a value exceeding $950. FISCAL EFFECT : According to the Assembly Appropriations Committee, no significant state or local costs. Unknown, likely minor, local revenue increase from new fines. COMMENTS : According to the author, "With the prevalence of metal thefts from large construction sites, public utility yards, farms, ranches, and schools, AB 316 would classify stolen copper materials exceeding $250 dollars as grand theft and help decrease the rise of metal theft. AB 316 Page 3 "Metal theft is one of the fastest growing crimes in the state and country. The recent rise in scrap metal values has made the theft and sale of these materials increasingly profitable. " Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001428