Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2369

Introduced by Assembly Member Patterson

(Coauthors: Assembly Members Baker, Brough, Lackey, Waldron, and Wilk)

February 18, 2016

An act to amend Section 490.2 of, and to add Section 666.1 to, the Penal Code, relating to crime.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert pre end insert begin insert viously end insert convicted 2 or more times begin delete in the 12-month period end 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 begin insert and the date that 2 or more of the prior crimes were committed was within 36 months of the date of the commission of the crime for which the person is being punished. end insert The bill would also make it begin delete a felony end delete begin insert grand theft, punishable in state prison as a felony, end insert when begin insert any of end insert the items taken begin delete include end delete begin insert is end insert 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 1.  

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, 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, with the
following exceptions:

(1) A 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.

begin delete

(2) When the items taken include a firearm, the person shall be
punished pursuant to subdivision (h) of Section 1170.

end delete begin insert

(2) It is grand theft, as described in paragraph (2) of subdivision
(d) of Section 487, when any of the items taken is a firearm and
the person shall be punished pursuant to subdivision (a) of Section
489.

end insert

(b) This section shall not be applicable to any theft that may be
charged as an infraction pursuant to any other provision of law.

SEC. 2.  

Section 666.1 is added to the Penal Code, to read:

666.1.  

(a) Notwithstanding any other law, a person who has
been convicted of a misdemeanor violation of any of the crimes
listed in subdivision (b) begin delete two or more times in 12 months may be
punished, upon a third conviction for one of the enumerated crimes
that he or she commits within the same 12-month period, end delete begin insert may be
punished end insert either by imprisonment for not more than a year in a
county jail or by imprisonment pursuant to subdivision (h) of
Section begin delete 1170. end delete begin insert 1170 if the following criteria are met: end insert

begin insert

(1) The person has previously been convicted of the crimes listed
in subdivision (b) two or more times.

end insert begin insert

(2) The date that two or more of the prior crimes were committed
was within 36 months of the date of the commission of the crime
for which the person is being punished under this subdivision.

end insert

(b) (1) Shoplifting of an item with a value of more than nine
hundred fifty dollars ($950).

(2) Forgery relating to a check, bond, bank bill, note, cashier’s
check, traveler’s check, or money order, where the value of the
check, bond, bank bill, note, cashier’s check, traveler’s check, or
money order does not exceed nine hundred fifty dollars ($950).

(3) A violation of Section 476a where the amount of all checks,
drafts, or orders is more than four hundred fifty dollars ($450) but
less than nine hundred fifty dollars ($950).

(4) Petty theft of any of the following:

(A) Domestic fowls, avocados, olives, citrus or deciduous fruits,
other fruits, vegetables, nuts, artichokes, or other farm crops with
a value exceeding two hundred fifty dollars ($250) but less than
nine hundred fifty dollars ($950).

(B) Fish, shellfish, mollusks, crustaceans, kelp, algae, or other
aquacultural products are taken from a commercial or research
operation with a value exceeding two hundred fifty dollars ($250)
but less than nine hundred fifty dollars ($950).

(C) Property taken from the person of another with a value of
less than nine hundred fifty dollars ($950).

(D) An automobile with a value of less than nine hundred fifty
dollars ($950).

(5) A violation of Section 496 where the property has a value
of less than nine hundred fifty dollars ($950).

(6) Unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state,
possession of a controlled substance that is any of the following:

(A) Specified in subdivision (b) or (c) or paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.

(B) Specified in paragraph (14), (15), or (20) of subdivision (d)
of Section 11054 of the Health and Safety Code.

(C) Specified in subdivision (b) or (c) of Section 11055 of the
Health and Safety Code.

(D) Specified in subdivision (h) of Section 11056 of the Health
and Safety Code.

(E) A controlled substance classified in Schedule III, IV, or V
that is a narcotic drug.

(7) Violation of Section 11357 or 11377 of the Health and Safety
Code.

(c) In addition to the provisions of subdivision (a), a person who
begin delete has been convicted end delete begin insert is convicted end insert of a crime of petty begin delete theft, grand
theft, auto theft pursuant to subdivision (d) or (e) of Section 10851
of the Vehicle Code, burglary, carjacking, robbery, or a felony
violation of Section 496 two or more times in 12 months, end delete begin insert theft end insert
may be punished begin delete upon a conviction for petty theft that he or she
commits in the same 12-month period, end delete either by imprisonment for
not more than a year in a county jail or by imprisonment pursuant
to subdivision (h) of Section begin delete 1170. end delete begin insert 1170 if the following criteria
are met: end insert

begin insert

(1) The person has been convicted two or more times of petty
theft, grand theft, auto theft pursuant to subdivisions (d) or (e) of
Section 10851 of the Vehicle Code, burglary, carjacking, robbery,
or a felony violation of Section 496, or a combination of those
crimes.

end insert begin insert

(2) The date that two or more of the prior crimes were committed
was within 36 months of the date of the commission of the crime
for which the person is being punished under this subdivision.

end insert begin delete

(d) For purposes of determining the 12-month period required
by subdivisions (a) and (c), the date the crimes were committed
shall be used, not the date of the conviction.

end delete

SEC. 3.  

Section 1 of this act amends 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 Section 1 of this act for
approval by the voters at a statewide election in accordance with
Section 9040 of the Elections Code.