BILL NUMBER: AB 150	INTRODUCED
	BILL TEXT


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 
provision of  law defining grand theft,  except as
provided in subdivision (c),  obtaining any property by theft
where the value of the money, labor, real  or  
property, or  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  such
  the  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. 

   (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. 
  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,  except as provided in
subdivision (e),  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  such   the  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. 
   (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. 
  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.