SB 205, as introduced, Beall. Shoplifting.
Existing law, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines shoplifting and makes violation of that provision a misdemeanor, except that persons with specified prior convictions may be charged with a felony to be served in county jail. Proposition 47 provides that its provisions may be amended by a statute that is consistent with and furthers its intent and that is passed by a 2⁄3 vote of each house of the Legislature and is signed by the Governor. Proposition 47 also provides that the Legislature may, by majority vote, amend, add, or repeal provisions to further reduce the penalties for offenses it addresses.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 459.5 of the Penal Code is amended to
2read:
(a) Notwithstanding Section 459, shoplifting is defined
4as entering a commercial establishment with intent to commit
5larceny while that establishment is open during regular business
6hours, where the value of the property that is taken or intended to
P2 1be taken does not exceed nine hundred fifty dollars ($950). Any
2other entry into a commercial establishment with intent to commit
3larceny is burglary. Shoplifting shall be punished as a
4misdemeanor, except that a person with one or more prior
5convictions for an offense specified in clause (iv) of subparagraph
6(C) of paragraph (2) of subdivision (e) of Section 667 or for an
7offense requiring registration pursuant to subdivision (c) of Section
8290 may be punished pursuant to subdivision (h) of Section 1170.
9(b) begin deleteAny end deletebegin insertAn
end insertact of shopliftingbegin insert,end insert as defined in subdivision (a)begin insert,end insert shall
10be charged as shoplifting.begin delete Noend deletebegin insert Aend insert person who is charged with
11shopliftingbegin delete mayend deletebegin insert shall notend insert also be charged with burglary or theft of
12the same property.
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