AB 2369, as amended, Patterson. Proposition 47: repeat offenses within 12 months.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced certain felonies to misdemeanors, including possession of specified controlled substances and theft of a firearm with a value under $950.
This bill would authorize the prosecution to charge a person with a felony if the person has been convicted 2 or more times
begin delete in the 12-month periodend delete of the crimes reduced to a misdemeanor by Proposition 47 or, if the crime being prosecuted
is petty theft, when the person had been convicted of specified other crimes, including grand theft and carjacking, begin delete at least twice in the past 12 months. The bill would specify that, for purposes of determining the 12-month period, the date the crimes were committed is used, not the date of conviction.end delete The bill would also make it begin delete a felonyend delete when the items taken begin delete includeend delete a firearm.
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 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:
Section 490.2 of the Penal Code is amended to
(a) Notwithstanding Section 487 or any other
begin delete provision law defining grand theft, obtaining any property by theft where
5the value of the money, labor, real or personal property taken does
6not exceed nine hundred fifty dollars ($950) shall be considered
7petty theft and shall be punished as a misdemeanor, with the
9(1) A person may instead be punished pursuant to subdivision
10(h) of Section 1170 if that person has one or more prior convictions
11for an offense specified in clause (iv) of subparagraph (C) of
12paragraph (2) of subdivision (e) of Section 667 or for an offense
13requiring registration pursuant to subdivision (c) of Section 290.
14(2) When the items taken include a firearm, the person shall be
15punished pursuant to subdivision (h) of Section 1170.
20(b) This section shall not be applicable to any theft that may be
21charged as an infraction pursuant to any other provision of law.
Section 666.1 is added to the Penal Code, to read:
(a) Notwithstanding any other law, a person who has
24been convicted of a misdemeanor violation of any of the crimes
25listed in subdivision (b)
begin delete two or more times in 12 months may be either by imprisonment for not more than a year in a
26punished, upon a third conviction for one of the enumerated crimes
27that he or she commits within the same 12-month period,end delete
2county jail or by imprisonment pursuant to subdivision (h) of
begin delete 1170.end delete
9(b) (1) Shoplifting of an item with a value of more than nine
10hundred fifty dollars ($950).
11(2) Forgery relating to a check, bond, bank bill, note, cashier’s
12check, traveler’s check, or money order, where the value of the
13check, bond, bank bill, note, cashier’s check, traveler’s check, or
14money order does not exceed nine hundred fifty dollars ($950).
15(3) A violation of Section 476a where the amount of all checks,
16drafts, or orders is more than four hundred fifty dollars ($450) but
17less than nine hundred fifty dollars ($950).
18(4) Petty theft of any of the following:
19(A) Domestic fowls, avocados, olives, citrus or deciduous fruits,
20other fruits, vegetables, nuts, artichokes, or other farm crops with
21a value exceeding two hundred fifty dollars ($250) but less than
22nine hundred fifty dollars ($950).
23(B) Fish, shellfish, mollusks, crustaceans, kelp, algae, or other
24aquacultural products are taken from a commercial or research
25operation with a value exceeding two hundred fifty dollars ($250)
26but less than nine hundred fifty dollars ($950).
27(C) Property taken from the person of another with a value of
28less than nine hundred fifty dollars ($950).
29(D) An automobile with a value of less than nine hundred fifty
31(5) A violation of Section 496 where the property has a value
32of less than nine hundred fifty dollars ($950).
33(6) Unless upon
the written prescription of a physician, dentist,
34podiatrist, or veterinarian licensed to practice in this state,
35possession of a controlled substance that is any of the following:
36(A) Specified in subdivision (b) or (c) or paragraph (1) of
37subdivision (f) of Section 11054 of the Health and Safety Code.
38(B) Specified in paragraph (14), (15), or (20) of subdivision (d)
39of Section 11054 of the Health and Safety Code.
P4 1(C) Specified in subdivision (b) or (c) of Section 11055 of the
2Health and Safety Code.
3(D) Specified in subdivision (h) of Section 11056 of the Health
4and Safety Code.
5(E) A controlled
substance classified in Schedule III, IV, or V
6that is a narcotic drug.
7(7) Violation of Section 11357 or 11377 of the Health and Safety
9(c) In addition to the provisions of subdivision (a), a person who
begin delete has been convictedend delete of a crime of petty begin delete theft, grand
11theft, auto theft pursuant to subdivision (d) or (e) of Section 10851
12of the Vehicle Code, burglary, carjacking, robbery, or a felony
13violation of Section 496 two or more times in 12 months,end delete
14 may be punished
begin delete upon a conviction for petty theft that he or she either by imprisonment for
15commits in the same 12-month period,end delete
16not more than a year in a county jail or by imprisonment pursuant
17to subdivision (h) of Section
begin delete 1170.end delete
27(d) For purposes of determining the 12-month period required
28by subdivisions (a) and (c), the date the crimes were committed
29shall be used, not the date of the conviction.
Section 1 of this act amends the Safe Neighborhoods
31and Schools Act, Proposition 47, an initiative statute, and shall
32become effective only when submitted to and approved by the
33voters. The Secretary of State shall submit Section 1 of this act for
34approval by the voters at a statewide election in accordance with
35Section 9040 of the Elections Code.