Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 924


Introduced by Assembly Member Bigelow

February 22, 2013


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 487begin insert and 489end insert ofbegin insert, and to add Section 12022.65 to,end insert the Penal Code, relating to grand theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 924, as amended, Bigelow. Grand theft.

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Under

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begin insert(1)end insertbegin insertend insertbegin insertUnder end insertexisting law, grand theft is generally theft committed when the money, labor, or real or personal property taken is of a value exceeding $950, or when certain kinds of property are takenbegin delete, including an automobile, a firearm, or certain specified domesticated animalsend delete.begin insert Under existing law, grand theft is committed when the property taken is a horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, or if a person steals the carcass or portion of the carcass of any bovine, caprine, equine, ovine, or suine animal, or of any mule, jack, or jenny. Under existing law, grand theft is punishable either as a felony or a misdemeanor.end insert

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This bill would make a technical, nonsubstantive change to these provisions.

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This bill would make grand theft of the above-specified animals punishable as a felony or a misdemeanor, or by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would require the proceeds of the fine to be allocated to the Bureau of Livestock Identification to be used upon appropriation for specified purposes. For a 2nd or subsequent conviction, except in unusual circumstances, as specified, the bill would require 30 day’s incarceration in a county jail as a condition of granting probation.

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(2) Existing law requires the court, when any person takes, damages, or destroys any property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment based on the amount of the loss. If the loss exceeds $65,000, existing law requires the court to impose an additional term of one year of imprisonment, if the loss exceeds $200,000, an additional term of 2 years, if the loss exceeds $1,300,000, an additional term of 3 years, and if the loss exceeds $3,200,000, an additional term of 4 years.

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This bill would require the court, when any person takes, damages, or destroys any horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, or the carcass or portion of the carcass of any bovine, caprine, equine, ovine, or suine animal, or of any mule, jack, or jenny, to impose an additional term of imprisonment based on the amount of the loss. If the loss exceeds $15,000, the bill would require the court to impose an additional term of one years’ imprisonment, and if the loss exceeds $50,000, the bill would require the court to impose an additional term of 2 years’ imprisonment, as provided.

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By increasing the punishment for a crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 487 of the Penal Code is amended to
2read:

3

487.  

Grand theft is theft committed in any of the following
4cases:

P3    1(a) When the money, labor, or real or personal property taken
2is of a value exceeding nine hundred fifty dollars ($950), except
3as provided in subdivision (b).

4(b) Notwithstanding subdivision (a), grand theft is committed
5in any of the following cases:

6(1) (A) When domestic fowls, avocados, olives, citrus or
7deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
8farm crops are taken of a value exceeding two hundred fifty dollars
9($250).

10(B) For the purposes of establishing that the value of domestic
11 fowls, avocados, olives, citrus or deciduous fruits, other fruits,
12vegetables, nuts, artichokes, or other farm crops under this
13paragraph exceeds two hundred fifty dollars ($250), that value
14may be shown by the presentation of credible evidence which
15establishes that on the day of the theft domestic fowls, avocados,
16olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
17artichokes, or other farm crops of the same variety and weight
18exceeded two hundred fifty dollars ($250) in wholesale value.

19(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
20other aquacultural products are taken from a commercial or
21research operation which is producing that product, of a value
22exceeding two hundred fifty dollars ($250).

23(3) Where the money, labor, or real or personal property is taken
24by a servant, agent, or employee from his or her principal or
25employer and aggregates nine hundred fifty dollars ($950) or more
26in any 12 consecutive month period.

27(c) When the property is taken from the person of another.

28(d) When the property taken is any of the following:

29(1) A horse, mare, gelding, any bovine animal, any caprine
30animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow,
31or pig.

32(2) An automobile.

33(3) A firearm.

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begin insertSEC. 2.end insert  

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begin insertSection 489 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

35

489.  

Grand theft is punishable as follows:

36(a) begin deleteWhen end deletebegin insertIf end insertthe grand theft involves the theft of a firearm, by
37imprisonment in the state prison for 16 months, two, or three years.

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38(b) (1) If the grand theft involves a violation of paragraph (1)
39of subdivision (d) of Section 487 or Section 487a, by imprisonment
40in a county jail not exceeding one year or pursuant to subdivision
P4    1(h) of Section 1170, and by a fine not exceeding five thousand
2 dollars ($5,000), or by both that fine and imprisonment. The
3proceeds of this fine shall be allocated to the Bureau of Livestock
4Identification to be used, upon appropriation by the Legislature,
5for purposes relating to the investigation of cases involving grand
6theft of any animal or animals specified in paragraph (1) of
7subdivision (d) of Section 487, or of the carcass or carcasses of,
8or any portion of the carcass or carcasses of, any animal specified
9in Section 487a.

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10(2) If the person has a prior conviction of paragraph (1) of
11subdivision (d) of Section 487 or Section 487a, and if probation
12is granted, or if the imposition or execution of sentence is
13suspended, it shall be a condition of probation or the suspension
14that the defendant serve at least 30 days in a county jail, except
15in unusual circumstances where the interests of justice would best
16be served by granting probation or suspending the imposition or
17execution of sentence without requiring imprisonment in a county
18jail, in which case the court shall specify on the record and shall
19enter on the minutes the circumstances indicating that the interests
20of justice would best be served by the disposition.

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21(b)

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22begin insert(c)end insert In all other cases, by imprisonment in a county jail not
23exceeding one year or pursuant to subdivision (h) of Section 1170.

24begin insert

begin insertSEC. 3.end insert  

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begin insertSection 12022.65 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

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25

begin insert12022.65.end insert  

(a) Notwithstanding Section 12022.6, when any
26person takes, damages, or destroys any property specified in
27paragraph (1) of subdivision (d) of Section 487, or specified in
28Section 487a, in the commission or attempted commission of a
29felony, with the intent to cause that taking, damage, or destruction,
30the court shall impose an additional term as follows:

31(1) If the loss exceeds fifteen thousand dollars ($15,000), the
32court, in addition and consecutive to the punishment prescribed
33for the felony or attempted felony of which the defendant has been
34convicted, shall impose an additional term of one year.

35(2) If the loss exceeds fifty thousand dollars ($50,000), the court,
36in addition and consecutive to the punishment prescribed for the
37felony or attempted felony of which the defendant has been
38convicted, shall impose an additional term of two years.

39(b) In any accusatory pleading involving multiple charges of
40taking, damage, or destruction, the additional terms provided in
P5    1this section may be imposed if the aggregate losses to the victims
2from all felonies exceed the amounts specified in this section and
3arise from a common scheme or plan. All pleadings under this
4section shall remain subject to the rules of joinder and severance
5stated in Section 954.

6(c) The additional terms provided in this section shall not be
7imposed unless the facts of the taking, damage, or destruction in
8excess of the amounts provided in this section are charged in the
9accusatory pleading and admitted or found to be true by the trier
10of fact.

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begin insertSEC. 4.end insert  

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No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.

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