BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 543
          Author:   Block (D), et al.
          Amended:  4/10/13
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/2/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Petty theft:  enhancements for prior convictions

           SOURCE  :     San Diego District Attorney


           DIGEST  :    This bill specifies a conviction for theft,  
          embezzlement, forgery, fraud, or identity theft against an elder  
          or dependent adult as a prior qualifying offense in the crime of  
          petty theft with a specified prior conviction.

           ANALYSIS  :    

          Existing law:

          1. Provides that every person who is convicted of petty theft in  
             the current case, and who has previously been convicted on  
             three or more occasions of petty theft, grand theft, auto  
             theft, burglary, carjacking, robbery, or receiving stolen  
             property, is guilty of an alternate misdemeanor, punishable  
             by imprisonment in the county jail not exceeding one year, or  
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             in the state prison.

          2. Provides that a person who is required to register as a sex  
             offender, or who has a prior serious or violent felony  
             conviction, or who has been previously sentenced under the  
             Three Strikes Law, remains subject to imprisonment in the  
             state prison if convicted of petty theft with a single prior  
             qualifying offense.

          3. Defines a "dependent adult" as any person who is between the  
             ages of 18 and 64, who has physical or mental limitations  
             which restrict his or her ability to carry out normal  
             activities or to protect his/her rights, including, but not  
             limited to, persons who have physical or developmental  
             disabilities or whose physical or mental abilities have  
             diminished because of age.

          4. Defines "elder" as any person who is 65 years of age or  
             older.

          5. Establishes fines and other punishment for theft,  
             embezzlement, forgery, fraud, and identity theft against an  
             elder or dependent adult, as specified.

          This bill provides that theft, embezzlement, forgery, fraud, and  
          identity theft, as specified, from an elderly person or  
          dependent adult is a prior qualifying conviction for purposes of  
          the crime of petty theft with a prior theft conviction, as  
          follows:

          1. A person convicted three or more times of petty theft, grand  
             theft, auto theft, elder financial abuse, burglary,  
             carjacking, robbery, or receiving stolen property, is guilty  
             of an alternate misdemeanor, and subject to imprisonment in a  
             county jail for up to one year for a misdemeanor, or in a  
             county jail for a felony for 16 months, or two or three  
             years.

          2. A person required to register as a sex offender, or with a  
             prior serious or violent felony conviction, who has been  
             convicted and imprisoned for the commission of any of the  
             aforementioned offenses, including elder or dependent adult  
             financial abuse and who is subsequently convicted of petty  
             theft, is subject to imprisonment in a county jail for one  

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             year for a misdemeanor or in a state prison for 16 months, or  
             two or three years for a felony with one prior qualifying  
             offense.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes


          According to the Senate Appropriations Committee:


           Potential increase in annual local incarceration costs  
            (Local/Local Revenue Fund) for additional county jail  
            sentences to the extent additional convictions of petty theft  
            with a prior conviction are charged utilizing a conviction for  
            elder financial abuse as a qualifying prior offense.

           Potential increase in state prison costs of $150,000 to  
            $300,000 (General Fund) per year for increased state prison  
            commitments to the extent additional convictions for petty  
            theft with a prior for persons required to register as sex  
            offenders or with serious or violent prior convictions utilize  
            a conviction for elder financial abuse as a qualifying prior  
            offense.

           SUPPORT  :   (Verified  5/23/13)

          San Diego District Attorney (source)
          California District Attorneys Association
          California State Sheriffs' Association
          California Welfare Directors Association
          County of San Diego
          Crime Victims Alliance
          Elder Theft & Advocacy
          Senior Community Centers

           ARGUMENTS IN SUPPORT  :    According to the author's office, under  
          existing law, if someone is convicted three or more times of  
          petty theft, grand theft, auto theft, burglary, carjacking, or  
          robbery and then later commits petty theft, that subsequent  
          petty theft crime may be punished as a felony.  This bill makes  
          it clear that theft from an elder is a qualifying prior offense  
          effectively removing any ambiguity in the law and ensuring  
          everyone is properly charged with the crime they have committed.  

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           It also ensures that elder theft is treated with the same  
          seriousness as any other form of theft. 


          JG:d  5/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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