Amended in Senate March 16, 2015

Senate BillNo. 205


Introduced by Senator Beall

February 11, 2015


An act tobegin delete amend Section 459.5 of the Penalend deletebegin insert add and repeal Section 7599.3 of the Governmentend insert Code, relating to crime.

LEGISLATIVE COUNSEL’S DIGEST

SB 205, as amended, Beall. begin deleteShoplifting. end deletebegin insertProposition 47: evaluation study.end insert

Existing law, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election,begin delete 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 jailend deletebegin insert requires misdemeanors instead of felony sentences for certain nonserious, nonviolent crimes, like petty theft and drug possessionend insert.begin insert Proposition 47 also creates the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, that is funded by savings that accrue to the state from the implementation of the proposition. Existing law requires, in part, 65% of the moneys deposited in the fund to be disbursed to the Board of State and Community Corrections to administer a grant program to fund public agencies that support mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system and 25% of the moneys deposited in the fund be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils, as specified.end insert 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 23 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.

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This bill would make technical, nonsubstantive changes to these provisions.

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This bill would require the Department of Finance to select a public or private university through a competitive process to conduct a 4 year evaluation assessing the process, outcomes, and costs of Proposition 47, including the number and characteristics of participants served by programs funded with grant moneys from the Safe Neighborhoods and Schools Fund. The bill would require the selected university to report to the Legislature, no later than January 1, 2017, and annually by that date for the following 3 years. The bill would repeal these provisions as of January 1, 2021.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7599.3 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert7599.3.end insert  

(a) The Department of Finance shall select a public
4or private university through a competitive process to conduct a
5four year evaluation assessing the process, outcomes, and costs
6of Proposition 47, the Safe Neighborhood and Schools Act. The
7selected university shall submit a report to the Legislature, no
8later than January 1, 2017, and annually by that date for the
9following three years. The report shall include, but not be limited
10to, all of the following:

11(1) A study of the implementation of the proposition and its
12impact on incarceration costs, recidivism and overall crime, prison
13and jail construction, and welfare costs.

14(2) The adequacy of funds appropriated for these purposes.

15(3) The number and characteristics of participants served by
16programs funded with grant moneys pursuant to paragraphs (1)
17and (3) of subdivision (a) of Section 7599.2. Because it may not
18be feasible to collect this data from all 58 counties, this component
19of the report may be limited to a small number of representative
P3    1counties, to be selected with input from relevant stakeholders
2serving as a research oversight board.

3(b) The report to be submitted pursuant to this section shall be
4submitted in compliance with Section 9795.

5(c) This section shall remain in effect only until January 1, 2021,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2021, deletes or extends that date.

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8

SECTION 1.  

Section 459.5 of the Penal Code is amended to
9read:

10

459.5.  

(a) Notwithstanding Section 459, shoplifting is defined
11as entering a commercial establishment with intent to commit
12larceny while that establishment is open during regular business
13hours, where the value of the property that is taken or intended to
14be taken does not exceed nine hundred fifty dollars ($950). Any
15other entry into a commercial establishment with intent to commit
16larceny is burglary. Shoplifting shall be punished as a
17misdemeanor, except that a person with one or more prior
18convictions for an offense specified in clause (iv) of subparagraph
19(C) of paragraph (2) of subdivision (e) of Section 667 or for an
20offense requiring registration pursuant to subdivision (c) of Section
21290 may be punished pursuant to subdivision (h) of Section 1170.

22(b) An act of shoplifting, as defined in subdivision (a), shall be
23charged as shoplifting. A person who is charged with shoplifting
24shall not also be charged with burglary or theft of the same
25property.

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