Amended in Assembly March 18, 2015

Amended in Assembly February 10, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 150


Introduced by Assembly Members Melendez and Gray

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(Coauthors: Assembly Members Travis Allen, Baker, Brown, Chávez, Dodd, Beth Gaines, Gallagher, Gonzalez, Jones, Lackey, Linder, Mayes, Olsen, Waldron, and Wilk)

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(Coauthors: Senators Anderson, Bates, Huff, Nielsen, and Stone)

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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 amended, 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.

(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.

(3) 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: no.

The people of the State of California do enact as follows:

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SECTION 1.  

(a) The Legislature in submitting this act to the
2electors finds and declares all of the following:

3(1) The theft of firearms and receipt of stolen firearms pose
4dangers to public safety that are different in kind from other types
5of theft or the receipt of other types of stolen property.

6(2) Many handguns have a value of less than nine hundred fifty
7dollars ($950). The threat to public safety in regard to stolen
8firearms goes above and beyond the monetary value of the firearm.

9(3) Given the significant and particular threat to public safety
10in regard to stolen firearms, it is appropriate to restore the penalties
11that existed prior to the passage of the Safe Neighborhoods and
12Schools Act in regard to stolen firearms.

13(b) It is not the intent of the Legislature in submitting this act
14to the electors to undermine the voter’s decision to decrease
15penalties for low-level theft and receiving stolen property, only to
16give the voters the opportunity to decide whether firearm thefts
17and the receipt of stolen firearms should be subject to penalties
18that existed prior to the passage of the Safe Neighborhoods and
19Schools Act.

20

SEC. 2.  

Section 490.2 of the Penal Code is amended to read:

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490.2.  

(a) Notwithstanding Section 487 or any other law
2defining grand theft, except as provided in subdivision (c),
3obtainingbegin delete anyend delete property by theft where the value of the money,
4labor, real property, or personal property taken does not exceed
5nine hundred fifty dollars ($950)begin delete shall be consideredend deletebegin insert isend insert petty theft
6and shall be punished as a misdemeanor, except that the person
7may instead be punished pursuant to subdivision (h) of Section
81170 if that person has one or more prior convictions for an offense
9specified in clause (iv) of subparagraph (C) of paragraph (2) of
10subdivision (e) of Section 667 or for an offense requiring
11registration pursuant to subdivision (c) of Section 290.

12(b) This section does not apply tobegin delete anyend deletebegin insert aend insert theft that may be
13charged as an infraction pursuant to any other law.

14(c) If the property taken is a firearm, the theft is grand theft in
15all cases, as specified in paragraph (2) of subdivision (d) of Section
16487, and is punishable pursuant to subdivision (a) of Section 489.

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SEC. 3.  

Section 496 of the Penal Code is amended to read:

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496.  

(a) begin insert(1)end insertbegin insertend insertEvery person who buys or receives any property
19that has been stolen or that has been obtained in any manner
20constituting theft or extortion, knowing the property to be so stolen
21or obtained, or who conceals, sells, withholds, or aids in
22concealing, selling, or withholding any property from the owner,
23knowing the property to be so stolen or obtained, shall be punished
24by imprisonment in a county jail for not more than one year, or
25imprisonment pursuant to subdivision (h) of Section 1170.
26However, except as provided in subdivision (e), if the value of the
27property does not exceed nine hundred fifty dollars ($950), the
28offensebegin delete shall beend deletebegin insert isend insert a misdemeanor, punishable only by
29imprisonment in a county jail not exceeding one year, if the person
30has no prior convictions for an offense specified in clause (iv) of
31subparagraph (C) of paragraph (2) of subdivision (e) of Section
32667 or for an offense requiring registration pursuant to subdivision
33(c) of Section 290.

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34 A

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35begin insert(2)end insertbegin insertend insertbegin insertAend insert principal in the actual theft of the property may be
36convicted pursuant to this section. However,begin delete no person mayend deletebegin insert a
37person may notend insert
be convicted both pursuant to this section and of
38the theft of the same property.

39(b) begin insert(1)end insertbegin insertend insertEvery swap meet vendor, as defined in Section 21661
40of the Business and Professions Code, and every person whose
P4    1principal business is dealing in, or collecting, merchandise or
2personal property, and every agent, employee, or representative
3of that person, who buys or receivesbegin delete anyend delete property of a value in
4excess of nine hundred fifty dollars ($950) that has been stolen or
5obtained in any manner constituting theft or extortion, under
6circumstances that should cause the person, agent, employee, or
7representative to make reasonable inquiry to ascertain that the
8person from whom the property was bought or received had the
9legal right to sell or deliver it, without making a reasonable inquiry,
10shall be punished by imprisonment in a county jail for not more
11than one year, or imprisonment pursuant to subdivision (h) of
12Section 1170.

begin delete

13 Every

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14begin insert(2)end insertbegin insertend insertbegin insertEveryend insert swap meet vendor, as defined in Section 21661 of the
15Business and Professions Code, and every person whose principal
16business is dealing in, or collecting, merchandise or personal
17property, and every agent, employee, or representative of that
18person, who buys or receivesbegin delete anyend delete property of a value of nine
19hundred fifty dollars ($950) or less that has been stolen or obtained
20in any manner constituting theft or extortion, under circumstances
21that should cause the person, agent, employee, or representative
22to make reasonable inquiry to ascertain that the person from whom
23 the property was bought or received had the legal right to sell or
24deliver it, without making a reasonable inquiry, shall be guilty of
25a misdemeanor.

26(c) begin deleteAny end deletebegin insertA end insertperson who has been injured by a violation of
27subdivision (a) or (b) may bring an action for three times the
28amount of actual damages, if any, sustained by the plaintiff, costs
29of suit, and reasonable attorney’s fees.

30(d) Notwithstanding Section 664,begin delete anyend deletebegin insert anend insert attempt to commit any
31act prohibited by this section, except an offense specified in the
32accusatory pleading as a misdemeanor, is punishable by
33imprisonment in a county jail for not more than one year, or by
34imprisonment pursuant to subdivision (h) of Section 1170.

35(e) Notwithstanding subdivision (a), every person who buys or
36 receives a firearm that has been stolen or that has been obtained
37in any manner constituting theft or extortion, knowing the property
38to be so stolen or obtained, or who conceals, sells, withholds, or
39aids in concealing, selling, or withholding any property from the
40owner, knowing the property to be so stolen or obtained, shall be
P5    1punished by imprisonment in a county jail for not more than one
2year, or imprisonment pursuant to subdivision (h) of Section 1170.

3

SEC. 4.  

Sections 2 and 3 of this act amend the Safe
4Neighborhoods and Schools Act, Proposition 47, an initiative
5statute, and shall become effective only when submitted to and
6approved by the voters. The Secretary of State shall submit
7Sections 1, 2, and 3 of this act for approval by the voters at a
8statewide election in accordance with Section 9040 of the Elections
9Code.



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