Amended in Senate June 15, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2287

Introduced by Assembly begin delete Member end delete begin insert Members Lackey and end insert Wilk

February 18, 2016

begin delete An act to amend Section 19596.3 of the Business and Professions Code, relating to horse racing. end delete begin insert An act to amend Sections 182, 459.5, 487, and 490.2 of the Penal Code, relating to theft, and calling an election, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2287, as amended, begin delete Wilk end delete begin insert Lackey end insert . begin delete Horse racing: satellite wagering: out-of-country thoroughbred races. end delete begin insert Theft: shoplifting. end insert

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(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 initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.

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

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This bill would amend that initiative statute by making it grand theft, which is punishable as a misdemeanor or a felony, to commit shoplifting if the aggregate value of the property taken from a single commercial establishment is nine hundred fifty dollars ($950) or more in any 180-day period.

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(2) Existing law makes it a crime, punishable as a misdemeanor or a felony, for 2 or more persons to conspire to commit any crime.

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This bill would specify that the crime of conspiracy occurs when 2 or more persons conspire to commit shoplifting.

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(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.

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

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Existing law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-country thoroughbred races during the calendar period the association or fair is conducting a race meeting, without the consent of the participating horsemen’s and horsewomen’s organization. These imported races are subject to specified conditions, including the condition that a thoroughbred racing association or fair may not accept wagers on out-of-country races commencing after 5:30 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting.

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This bill would authorize a thoroughbred racing association or fair to accept wagers on out-of-country races up to 6:30 p.m., Pacific standard time, on the first Saturday in November, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting.

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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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begin insert SECTION 1. end insert   

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begin insert Section 182 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

182.  

(a)  begin insert (1) end insert begin insert   end insert If two or more persons conspire:

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(1)

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begin insert (A) end insert  To commit any crime.

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(2)

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begin insert (B) end insert  Falsely and maliciously to indict another for any crime, or
to procure another to be charged or arrested for any crime.

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(3)

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begin insert (C) end insert  Falsely to move or maintain any suit, action, or proceeding.

begin delete

(4)

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begin insert (D) end insert  To cheat and defraud any person of any property, by any
means which are in themselves criminal, or to obtain money or
property by false pretenses or by false promises with fraudulent
intent not to perform those promises.

begin delete

(5)

end delete

begin insert (E) end insert  To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.

begin delete

(6)

end delete

begin insert (F) end insert  To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of any
of the executive departments of the United States.

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(G) To commit shoplifting in violation of Section 459.5.

end insert begin delete

They

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begin insert (2) end insert begin insert   end insert begin insert They end insert are punishable as follows:

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When

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begin insert (A) end insert begin insert   end insert begin insert When end insert they conspire to commit any crime against the person
of any official specified in begin insert subparagraph (F) of end insert paragraph begin delete (6), end delete begin insert (1) end insert
they are guilty of a felony and are punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for five, seven, or nine
years.

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When

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begin insert (B) end insert begin insert   end insert begin insert When end insert they conspire to commit any other felony, they shall
be punishable in the same manner and to the same extent as is
provided for the punishment of that felony. If the felony is one for
which different punishments are prescribed for different degrees,
the jury or court which finds the defendant guilty thereof shall
determine the degree of the felony the defendant conspired to
commit. If the degree is not so determined, the punishment for
conspiracy to commit the felony shall be that prescribed for the
lesser degree, except in the case of conspiracy to commit murder,
in which case the punishment shall be that prescribed for murder
in the first degree.

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If

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begin insert (C) end insert begin insert   end insert begin insert If end insert the felony is conspiracy to commit two or more felonies
which have different punishments and the commission of those
felonies constitute but one offense of conspiracy, the penalty shall
be that prescribed for the felony which has the greater maximum
term.

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When

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begin insert (D) end insert begin insert   end insert begin insert When end insert they conspire to do an act described in begin insert subparagraph
(D) of end insert paragraph begin delete (4), end delete begin insert (1) end insert they shall be punishable by imprisonment
in a county jail for not more than one year, or by imprisonment
pursuant to subdivision (h) of Section 1170, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.

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When

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begin insert (E) end insert begin insert   end insert begin insert When end insert they conspire to do any of the other acts described in
this section, they shall be punishable by imprisonment in a county
jail for not more than one year, or pursuant to subdivision (h) of
Section 1170, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine. When they
receive a felony conviction for conspiring to commit identity theft,
as defined in Section 530.5, the court may impose a fine of up to
twenty-five thousand dollars ($25,000).

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All

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begin insert (3) end insert begin insert   end insert begin insert All end insert cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to
effect the conspiracy begin delete shall be end delete begin insert was end insert done.

(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in
the indictment or information, nor unless one of the acts alleged
is proved; but other overt acts not alleged may be given in
evidence.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 459.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

459.5.  

(a) Notwithstanding Section 459, shoplifting is defined
as entering a commercial establishment with intent to commit
larceny while that establishment is open during regular business
hours, where the value of the property that is taken or intended to
be taken does not exceed nine hundred fifty dollars ($950). Any
other entry into a commercial establishment with intent to commit
larceny is burglary. begin delete Shoplifting end delete begin insert Except as provided in paragraph
(4) of subdivision (b) of Section 487, shoplifting end insert shall be punished
as a misdemeanor, except that a person with 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 may be punished pursuant to subdivision (h) of Section 1170.

(b)  begin delete Any end delete begin insert Except as provided in paragraph (4) of subdivision (b)
of Section 487, an end insert act of shoplifting as defined in subdivision (a)
shall be charged as shoplifting. No person who is charged with
shoplifting may also be charged with burglary or theft of the same
property.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 487 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

487.  

Grand theft is theft committed in any of the following
cases:

(a) When the money, labor, or real or personal property taken
is of a value exceeding nine hundred fifty dollars ($950), except
as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed
in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
farm crops are taken of a value exceeding two hundred fifty dollars
($250).

(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value
may be shown by the presentation of credible evidence which
establishes that on the day of the theft domestic fowls, avocados,
olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
artichokes, or other farm crops of the same variety and weight
exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or
research operation which is producing that product, of a value
exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more
in any 12 consecutive month period.

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(4) Where shoplifting, as defined in Section 459.5, involves
larceny and the aggregate value of the property taken from a single
commercial establishment is nine hundred fifty dollars ($950) or
more in any 180-day period.

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(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile.

(2) A firearm.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 490.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

490.2.  

(a)  begin delete Notwithstanding end delete begin insert Except as specified in paragraph
(4) of subdivision (b) of end insert Section begin insert 487, notwithstanding the remainder
of Section end insert 487 or any other provision of law defining grand theft,
obtaining any property by theft where the value of the money,
labor, real 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 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.

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begin insert SEC. 5. end insert   

end insert begin insert

(a) Sections 2, 3, and 4 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.

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(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, 3, and 4 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.

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(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, 3, and 4 of this
act to the voters for their approval at the November 8, 2016,
statewide general election.

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begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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

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begin delete

SECTION 1.  

Section 19596.3 of the Business and Professions
Code is amended to read:

19596.3.  

Notwithstanding any other law, a thoroughbred racing
association or fair may distribute the audiovisual signal and accept
wagers on the results of out-of-country thoroughbred races during
the calendar period the association or fair is conducting a race
meeting, without the consent of the organization that represents
horsemen and horsewomen participating in the race meeting.
Out-of-country races shall be imported under the following
conditions:

(a) A thoroughbred racing association or fair shall conduct the
wagering in accordance with the applicable provisions of Sections
19601, 19616, 19616.1, and 19616.2.

(b) A thoroughbred racing association or fair shall not accept
wagers pursuant to this section on out-of-country races
commencing after 5:30 p.m., Pacific standard time, except for the
first Saturday in November when this time shall be 6:30 p.m.,
Pacific standard time, without the consent of the harness or quarter
horse racing association that is then conducting a live racing
meeting.

(c) A thoroughbred racing association or fair distributing the
audiovisual signal and accepting wagers on the results of
out-of-country races pursuant to this section may execute an
agreement with an association that conducts thoroughbred races
in the southern zone to allow that association to distribute the signal
and accept wagers on the results of out-of-country thoroughbred
races, except that the license fees paid to the state shall be double
the amount paid by a quarter horse racing association specified in
subdivision (b) of Section 19605.7.

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