BILL NUMBER: SB 543	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 22, 2013

   An act to amend Section 666 of the Penal Code, relating to petty
theft.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 666 of the Penal Code is amended to read:
   666.  (a) Notwithstanding Section 490, every person who, having
been convicted three or more times of petty theft, grand theft, 
theft from an elder or dependent adult under Section 368,  auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496 and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for that offense,  and who
 is subsequently convicted of petty theft,  then the
person convicted of that subsequent offense  is punishable
by imprisonment in the county jail not exceeding one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
   (b) Notwithstanding Section 490, any person described in paragraph
(1) who, having been convicted of petty theft, grand theft, 
theft from an elder or dependent adult under Section 368,  auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496, and having served a
term of imprisonment therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense,
 and  who is subsequently convicted of petty theft, is
punishable by imprisonment in the county jail not exceeding one year,
or in the state prison.
   (1) This subdivision shall apply to any person who is required to
register pursuant to the Sex Offender Registration Act, or who has a
prior violent or serious felony conviction, as specified in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
   (2) This subdivision shall not be construed to preclude
prosecution or punishment pursuant to subdivisions (b) to (i),
inclusive, of Section 667, or Section 1170.12.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.