SB 543, as introduced, Block. Petty theft: enhancements for prior convictions.
Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted 3 or more times of a qualifying offense is subsequently convicted of petty theft is subject to imprisonment in the county jail for up to one year for a misdemeanor, or in the county jail for a felony for 16 months, or 2 or 3 years. Existing law also provides that persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of a qualified offense and who are subsequently convicted of petty theft are subject to imprisonment in the county jail for one year for a misdemeanor or in the state prison for 16 months, or 2 or 3 years for a felony with one prior qualifying offense.
This bill would make a conviction for theft from an elder or dependent adult a qualifying offense for each of the sentencing regimens described above.
By expanding the punishment for an existing crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 666 of the Penal Code is amended to
2read:
(a) Notwithstanding Section 490, every person who,
4having been convicted three or more times of petty theft, grand
5theft,begin insert theft from an elder or dependent adult under Section 368,end insert
6 auto theft under Section 10851 of the Vehicle Code, burglary,
7carjacking, robbery, or a felony violation of Section 496 and having
8served a term therefor in any penal institution or having been
9imprisoned therein as a condition of probation for that offense,
10begin insert and whoend insert is subsequently convicted of petty theft,begin delete then the person
is punishable by imprisonment
11convicted of that subsequent offenseend delete
12in the county jail not exceeding one year, or imprisonment pursuant
13to subdivision (h) of Section 1170.
14(b) Notwithstanding Section 490, any person described in
15paragraph (1) who, having been convicted of petty theft, grand
16theft,begin insert theft from an elder or dependent adult under Section 368,end insert
17 auto theft under Section 10851 of the Vehicle Code, burglary,
18carjacking, robbery, or a felony violation of Section 496, and
19having served a term of imprisonment therefor in any penal
20institution or having been imprisoned therein as a condition of
21probation for that offense,begin insert andend insert who is subsequently convicted of
22petty theft, is punishable by imprisonment in the county jail not
23exceeding one year, or in the state
prison.
24(1) This subdivision shall apply to any person who is required
25to register pursuant to the Sex Offender Registration Act, or who
26has a prior violent or serious felony conviction, as specified in
27subdivision (c) of Section 667.5 or subdivision (c) of Section
281192.7.
29(2) This subdivision shall not be construed to preclude
30prosecution or punishment pursuant to subdivisions (b) to (i),
31inclusive, of Section 667, or Section 1170.12.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
P3 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
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