BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 316
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 316 (Carter)
          As Amended  August 17, 2011
          Majority vote
           
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          |ASSEMBLY:  |74-2 |(June 1, 2011)  |SENATE: |37-0 |(August 22,    |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Creates a fine for grand theft of copper.  
          Specifically,  this bill  creates a fine 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 
          is guilty of grand theft.  Grand theft of copper shall be 
          punishable by a fine not exceeding $2,500, by imprisonment in a 
          county jail not exceeding one year, or by both that fine and 
          imprisonment, or by imprisonment in the state prison not 
          exceeding 16 months, or two or three years and a fine not 
          exceeding $10,000.   
           
          The Senate amendments  :

          1)Specify a fine of up to $10,000 for felony grand theft of 
            copper and makes imposition of the fine mandatory.
           
           2)Add double jointing language to ensure that this section shall 
            apply upon the implementation of AB 109 (Budget Committee), 
            Chapter 109, Statutes of 2011.  

          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:








                                                                  AB 316
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             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 
               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. 
          4)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.  

          5)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.  

          6)Provides that theft in other cases is petty theft.  

          7)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.  

          8)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.   
           








                                                                 AB 316
                                                                  Page  3

          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. 

          "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 


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