California Legislature—2015–16 Regular Session

Assembly Bill No. 150

Introduced by Assembly Member Melendez

January 15, 2015

An act to amend Sections 490.2 and 496 of the Penal Code, relating to theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 150, as introduced, Melendez. Theft: firearms.

(1) Existing law states that the theft of a firearm is grand theft, punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3 years. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, notwithstanding these provisions, instead requires the theft of property that does not exceed $950 to be considered petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.

This bill would make the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. By increasing the penalty for a crime, this bill would impose a state-mandated local program.

(2) Under existing law, every person who buys or receives any property that has been stolen, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.

This bill would make buying or receiving a stolen firearm a misdemeanor or a felony. By increasing the penalty for a crime, this bill would impose a state-mandated local program.

(3) 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.

(4) The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.

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.  

(a) The Legislature in submitting this act to the
electors finds and declares all of the following:

(1) The theft of firearms and receipt of stolen firearms pose
dangers to public safety that are different in kind from other types
of theft or the receipt of other types of stolen property.

(2) Many handguns have a value of less than nine hundred fifty
dollars ($950). The threat to public safety in regard to stolen
firearms goes above and beyond the monetary value of the firearm.

(3) Given the significant and particular threat to public safety
in regard to stolen firearms, it is appropriate to restore the penalties
that existed prior to the passage of the Safe Neighborhoods and
Schools Act in regard to stolen firearms.

(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voter’s decision to decrease
penalties for low-level theft and receiving stolen property, only to
give the voters the opportunity to decide whether firearm thefts
and the receipt of stolen firearms should be subject to penalties
that existed prior to the passage of the Safe Neighborhoods and
Schools Act.

SEC. 2.  

Section 490.2 of the Penal Code is amended to read:

490.2.  

(a) Notwithstanding Section 487 or any other begin delete provision
of end delete law defining grand theft, begin insert except as provided in subdivision (c), end insert
obtaining any property by theft where the value of the money,
labor, real begin delete or end delete begin insert property, or end insert personal property taken does not exceed
nine hundred fifty dollars ($950) shall be considered petty theft
and shall be punished as a misdemeanor, except that begin delete such end delete begin insert the end insert
person may instead be punished pursuant to subdivision (h) of
Section 1170 if that person has one or more prior convictions for
an offense specified in clause (iv) of subparagraph (C) of paragraph
(2) of subdivision (e) of Section 667 or for an offense requiring
registration pursuant to subdivision (c) of Section 290.

(b) This section shall not be applicable to any theft that may be
charged as an infraction pursuant to any other provision of law.

begin insert

(c) If the property taken is a firearm, the theft is grand theft in
all cases, as specified in paragraph (2) of subdivision (d) of Section
487, and is punishable pursuant to subdivision (a) of Section 489.

end insert

SEC. 3.  

Section 496 of the Penal Code is amended to read:

496.  

(a) Every person who buys or receives any property that
has been stolen or that has been obtained in any manner
constituting theft or extortion, knowing the property to be so stolen
or obtained, or who conceals, sells, withholds, or aids in
concealing, selling, or withholding any property from the owner,
knowing the property to be so stolen or obtained, shall be punished
by imprisonment in a county jail for not more than one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
However, begin insert except as provided in subdivision (e), end insert if the value of the
property does not exceed nine hundred fifty dollars ($950), the
offense shall be a misdemeanor, punishable only by imprisonment
in a county jail not exceeding one year, if begin delete such end delete begin insert the end insert person has no
prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section
667 or for an offense requiring registration pursuant to subdivision
(c) of Section 290.

A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted
both pursuant to this section and of the theft of the same property.

(b) Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value in excess of
nine hundred fifty dollars ($950) that has been stolen or obtained
in any manner constituting theft or extortion, under circumstances
that should cause the person, agent, employee, or representative
to make reasonable inquiry to ascertain that the person from whom
the property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be punished
by imprisonment in a county jail for not more than one year, or
imprisonment pursuant to subdivision (h) of Section 1170.

Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value of nine
hundred fifty dollars ($950) or less that has been stolen or obtained
in any manner constituting theft or extortion, under circumstances
that should cause the person, agent, employee, or representative
to make reasonable inquiry to ascertain that the person from whom
the property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of
a misdemeanor.

(c) Any person who has been injured by a violation of
subdivision (a) or (b) may bring an action for three times the
amount of actual damages, if any, sustained by the plaintiff, costs
of suit, and reasonable attorney’s fees.

(d) Notwithstanding Section 664, any attempt to commit any
act prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by
imprisonment in a county jail for not more than one year, or by
imprisonment pursuant to subdivision (h) of Section 1170.

begin insert

(e) Notwithstanding subdivision (a), every person who buys or
receives a firearm that has been stolen or that has been obtained
in any manner constituting theft or extortion, knowing the property
to be so stolen or obtained, or who conceals, sells, withholds, or
aids in concealing, selling, or withholding any property from the
owner, knowing the property to be so stolen or obtained, shall be
punished by imprisonment in a county jail for not more than one
year, or imprisonment pursuant to subdivision (h) of Section 1170.

end insert

SEC. 4.  

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.

SEC. 5.  

Sections 2 and 3 of this act amend the Safe
Neighborhoods and Schools Act, Proposition 47, an initiative
statute, and shall become effective only when submitted to and
approved by the voters. The Secretary of State shall submit
Sections 1, 2, and 3 of this act for approval by the voters at a
statewide election in accordance with Section 9040 of the Elections
Code.