Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2854

Introduced by Assembly Member Cooper

(Coauthor: Senator Galgiani)

February 19, 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 2854, as amended, Cooper. 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 begin insert of end insert 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 begin delete June 7, end delete begin insert November 8, end insert 2016, statewide begin delete primary end delete begin insert general end insert 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 begin delete June 7, end delete begin insert November 8, end insert 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 begin insert of 2014 end insert in regard to stolen firearms.

(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the begin delete voter’s end delete begin insert voters end insert begin insert ’ end insert 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 law
defining grand theft, except as provided in subdivision (c),
obtaining property by theft where the value of the money, labor,
real property, or personal property taken does not exceed nine
hundred fifty dollars ($950) is petty theft and shall be punished as
a misdemeanor, except that the 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 does not apply to a theft that may be charged
as an infraction pursuant to any other law.

(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.

SEC. 3.  

Section 496 of the Penal Code is amended to read:

496.  

(a) (1)  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, except as provided in subdivision (e), if the value of the
property does not exceed nine hundred fifty dollars ($950), the
offense is a misdemeanor, punishable only by imprisonment in a
county jail not exceeding one year, if the 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.

(2) A principal in the actual theft of the property may be
convicted pursuant to this section. However, a person may not be
convicted both pursuant to this section and of the theft of the same
property.

(b) (1)  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 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.

(2) 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 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) A 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, an 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.

(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.

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 begin delete June 7, end delete begin insert November 8, end insert 2016, for approval by the voters
of Sections 2 and 3 of this act. The special election shall be
consolidated with the statewide begin delete primary end delete begin insert general end insert 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 begin delete June 7, end delete begin insert November 8, end insert 2016,
statewide begin delete primary end delete begin insert general end insert election.

SEC. 5.  

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