BILL NUMBER: AB 1971	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 23, 2012

   An act to amend Section 496a of the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1971, as introduced, Buchanan. Theft: junk, metals, and
secondhand materials.
   Existing law provides that every dealer in or collector of junk,
metals, or secondhand materials, or the agent, employee, or
representative of that dealer or collector, who buys or receives any
wire, cable, copper, lead, solder, mercury, iron, or brass which he
or she knows or reasonably should know is ordinarily used by or
ordinarily belongs to a railroad or other transportation, telephone,
telegraph, gas, water, or electric light company or county, city,
city and county, or other political subdivision of this state engaged
in furnishing public utility service without using due diligence to
ascertain that the person selling or delivering the same has a legal
right to do so, is guilty of criminally receiving that property, and
shall be punished by imprisonment as specified, or by a fine of not
more than $250, or by both that fine and imprisonment.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 496a of the Penal Code is amended to read:
   496a.  (a) Every person who, being a dealer in or collector of
junk, metals or secondhand materials, or the agent, employee, or
representative of such dealer or collector, buys or receives any
wire, cable, copper, lead, solder, mercury, iron or brass which he or
she knows or reasonably should know is ordinarily used by or
ordinarily belongs to a railroad or other transportation, telephone,
telegraph, gas, water or electric light company or county, city, city
and county or other political subdivision of this state engaged in
furnishing public utility service without using due diligence to
ascertain that the person selling or delivering the same has a legal
right to do so, is guilty of criminally receiving that property, and
 is punishable,   shall be punished  by
imprisonment in a county jail for not more than one year, or by
imprisonment pursuant to subdivision (h) of Section 1170, or by a
fine of not more than two hundred fifty dollars ($250), or by both
that fine and imprisonment.
   (b) Any person buying or receiving material pursuant to
subdivision (a) shall obtain evidence of his or her identity from the
seller including, but not limited to, that person's full name,
signature, address, driver's license number, vehicle license number,
and the license number of the vehicle delivering the material.

   The 
   (c) The record of the transaction shall include an appropriate
description of the material purchased and such  
the  record shall be maintained pursuant to Section 21607 of
the Business and Professions Code.