BILL NUMBER: SB 205	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Beall

                        FEBRUARY 11, 2015

   An act to amend Section 459.5 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 459.5 of the Penal Code is amended to read:
   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.
Shoplifting 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)  Any   An    act of
shoplifting  ,  as defined in subdivision (a)  , 
shall be charged as shoplifting.  No   A 
person who is charged with shoplifting  may  
shall not  also be charged with burglary or theft of the same
property.