SB 543, as amended, 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 inbegin delete theend deletebegin insert aend insert 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 theftbegin delete fromend deletebegin insert, embezzlement, forgery, fraud, or identity theft, as specified, againstend insert 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 delete theft from an elder or dependent adult under Section 368,end deletebegin insert a
6conviction pursuant to subdivision (d) or (e) of Section 368, end insert auto
7theft under Section 10851 of the Vehicle Code, burglary,
8carjacking, robbery, or a felony violation of Section 496 and having
9served a term therefor in any penal institution or having been
10imprisoned therein as a condition of probation for that offense,
11and who is subsequently convicted of petty theft,
is punishable by
12imprisonment inbegin delete theend deletebegin insert aend insert county jail not exceeding one year, or
13imprisonment pursuant to 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 delete theft from an elder or dependent adult under Section 368,end deletebegin insert a
17conviction pursuant to subdivision (d) or (e) of Section 368, end insert auto
18theft under Section 10851 of the Vehicle Code, burglary,
19carjacking, robbery, or a felony violation of
Section 496, and
20having served a term of imprisonment therefor in any penal
21institution or having been imprisoned therein as a condition of
22probation for that offense, and who is subsequently convicted of
23petty theft, is punishable by imprisonment in the county jail not
24exceeding one year, or in the state prison.
25(1) This subdivision shall apply to any person who is required
26to register pursuant to the Sex Offender Registration Act, or who
27has a prior violent or serious felony conviction, as specified in
28subdivision (c) of Section 667.5 or subdivision (c) of Section
291192.7.
P3 1(2) This subdivision shall not be construed to preclude
2prosecution or punishment pursuant to subdivisions (b) to (i),
3inclusive, of Section 667, or Section 1170.12.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
O
98