California Legislature—2015–16 Regular Session

Assembly Bill No. 1869

Introduced by Assembly Members Melendez and Gray

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

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

February 10, 2016

An act to amend Sections 490.2 and 496 of the Penal Code, relating to theft, and calling an election, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1869, as introduced, Melendez. Theft: firearms.

(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions.

The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors.

This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.

(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, 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 of an offense requiring registration as a sex offender.

This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony.

(3) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2016, consolidated election.

This bill would declare that it is to take effect immediately as an act calling an election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

(a) In submitting this act to the electors, the
Legislature 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 $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 of 2014 in regard to stolen firearms.

(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voters’ 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 begin delete any end delete property by theft where the value of the money,
labor, real begin insert property, end insert or personal property taken does not exceed
nine hundred fifty dollars ($950) begin delete shall be considered end delete begin insert is end insert 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 begin delete shall end delete begin insert does end insert not begin delete be applicable end delete begin insert apply end insert to begin delete any end delete begin insert a end insert theft
that may be charged as an infraction pursuant to any other begin delete provision
of end delete 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)  begin insert (1) end insert begin insert   end insert 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 begin delete shall be end delete begin insert is end insert 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.

begin delete

A

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert principal in the actual theft of the property may be
convicted pursuant to this section. However, begin delete no end delete begin insert a end insert person may begin insert not end insert
be convicted both pursuant to this section and of the theft of the
same property.

(b)  begin insert (1) end insert begin insert   end insert 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 begin delete any end delete 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.

begin delete

Every

end delete

begin insert (2) end insert begin insert   end insert begin insert Every end insert 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 begin delete any end delete 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)  begin delete Any end delete begin insert A end insert 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, begin delete any end delete begin insert an end insert 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), a 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 a firearm 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.  

(a) 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 at a statewide election.

(b) A special election is hereby called, to be held throughout
the state on November 8, 2016, for approval by the voters of
Sections 2 and 3 of this act. The special election shall be
consolidated with the statewide general election to be held on that
date. The consolidated election shall be held and conducted in all
respects as if there were only one election, and only one form of
ballot shall be used.

(c) Notwithstanding the requirements of Sections 9040, 9043,
9044, 9061, 9082, and 9094 of the Elections Code, or any other
law, the Secretary of State shall submit Sections 2 and 3 of this
act to the voters for their approval at the November 8, 2016,
statewide general election.

SEC. 5.  

This act calls an election within the meaning of Article
IV of the Constitution and shall go into immediate effect.