Amended in Assembly April 25, 2013

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 amend Sections 487 and 489 ofbegin delete, and to add Section 12022.65 to,end delete the Penal Code, relating to grand theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 924, as amended, Bigelow. Grand theft.

begin delete

(1) Under

end delete

begin insert Underend insert existing 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 taken. 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.

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.begin delete 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.end delete

begin delete

(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.

end delete
begin delete

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.

end delete
begin delete

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

end delete
begin delete

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.

end delete
begin delete

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

end delete

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

5(a) When the money, labor, or real or personal property taken
6is of a value exceeding nine hundred fifty dollars ($950), except
7as provided in subdivision (b).

P3    1(b) Notwithstanding subdivision (a), grand theft is committed
2in any of the following cases:

3(1) (A) When domestic fowls, avocados, olives, citrus or
4deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
5farm crops are taken of a value exceeding two hundred fifty dollars
6($250).

7(B) For the purposes of establishing that the value of domestic
8 fowls, avocados, olives, citrus or deciduous fruits, other fruits,
9vegetables, nuts, artichokes, or other farm crops under this
10paragraph exceeds two hundred fifty dollars ($250), that value
11may be shown by the presentation of credible evidence which
12establishes that on the day of the theft domestic fowls, avocados,
13olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
14artichokes, or other farm crops of the same variety and weight
15exceeded two hundred fifty dollars ($250) in wholesale value.

16(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
17other aquacultural products are taken from a commercial or
18research operation which is producing that product, of a value
19exceeding two hundred fifty dollars ($250).

20(3) Where the money, labor, or real or personal property is taken
21by a servant, agent, or employee from his or her principal or
22employer and aggregates nine hundred fifty dollars ($950) or more
23in any 12 consecutive month period.

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

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

26(1) A horse, mare, gelding, any bovine animal, any caprine
27animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow,
28or pig.

29(2) An automobile.

30(3) A firearm.

31

SEC. 2.  

Section 489 of the Penal Code is amended to read:

32

489.  

Grand theft is punishable as follows:

33(a) If the grand theft involves the theft of a firearm, by
34imprisonment in the state prison for 16 months, two, or three years.

35(b) begin delete(1)end deletebegin deleteend deleteIf the grand theft involves a violation of paragraph (1)
36of subdivision (d) of Section 487 or Section 487a, by imprisonment
37in a county jail not exceeding one year or pursuant to subdivision
38(h) of Section 1170,begin delete andend deletebegin insert orend insert by a fine not exceeding five thousand
39 dollars ($5,000), or by both that fine and imprisonment. The
40proceeds of this fine shall be allocated to the Bureau of Livestock
P4    1Identification to be used, upon appropriation by the Legislature,
2for purposes relating to the investigation of cases involving grand
3theft of any animal or animals specified in paragraph (1) of
4subdivision (d) of Section 487, or of the carcass or carcasses of,
5or any portion of the carcass or carcasses of, any animal specified
6in Section 487a.

begin delete

7(2) If the person has a prior conviction of paragraph (1) of
8subdivision (d) of Section 487 or Section 487a, and if probation
9is granted, or if the imposition or execution of sentence is
10suspended, it shall be a condition of probation or the suspension
11that the defendant serve at least 30 days in a county jail, except in
12unusual circumstances where the interests of justice would best
13be served by granting probation or suspending the imposition or
14execution of sentence without requiring imprisonment in a county
15jail, in which case the court shall specify on the record and shall
16enter on the minutes the circumstances indicating that the interests
17of justice would best be served by the disposition.

end delete

18(c) In all other cases, by imprisonment in a county jail not
19exceeding one year or pursuant to subdivision (h) of Section 1170.

begin delete
20

SEC. 3.  

Section 12022.65 is added to the Penal Code, to read:

21

12022.65.  

(a) Notwithstanding Section 12022.6, when any
22person takes, damages, or destroys any property specified in
23paragraph (1) of subdivision (d) of Section 487, or specified in
24Section 487a, in the commission or attempted commission of a
25felony, with the intent to cause that taking, damage, or destruction,
26the court shall impose an additional term as follows:

27(1) If the loss exceeds fifteen thousand dollars ($15,000), the
28court, in addition and consecutive to the punishment prescribed
29for the felony or attempted felony of which the defendant has been
30convicted, shall impose an additional term of one year.

31(2) If the loss exceeds fifty thousand dollars ($50,000), the court,
32in addition and consecutive to the punishment prescribed for the
33felony or attempted felony of which the defendant has been
34convicted, shall impose an additional term of two years.

35(b) In any accusatory pleading involving multiple charges of
36taking, damage, or destruction, the additional terms provided in
37this section may be imposed if the aggregate losses to the victims
38from all felonies exceed the amounts specified in this section and
39arise from a common scheme or plan. All pleadings under this
P5    1section shall remain subject to the rules of joinder and severance
2stated in Section 954.

3(c) The additional terms provided in this section shall not be
4imposed unless the facts of the taking, damage, or destruction in
5excess of the amounts provided in this section are charged in the
6accusatory pleading and admitted or found to be true by the trier
7of fact.

8

SEC. 4.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.

end delete


O

    97