SB 452, as introduced, Galgiani. Theft: firearms.
(1) 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, requires the theft of property that does not exceed $950 to be considered petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.
This bill would, upon approval by the voters, make the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would, upon approval by the voters, make the theft of property taken from the person of another grand theft in all cases, punishable by imprisonment in a county jail not exceeding one year or by imprisonment in a county jail for 16 months, or 2 or 3 years.
(2) Under existing law, every person who buys or receives any property that has been stolen, 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 an offense requiring registration as a sex offender.
This bill would, upon approval by the voters, make buying or receiving a stolen firearm a misdemeanor or a felony.
(3) 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 the next 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:
(a) The Legislature in submitting this act to the
2electors finds and declares all of the following:
3(1) The theft of firearms, the receipt of stolen firearms, and the
4theft of property when the property is taken from the person of
5another, pose dangers to public safety that are different in kind
6from other types of theft or the receipt of other types of stolen
7property.
8(2) Many handguns have a value of less than nine hundred fifty
9dollars ($950). The threat to public safety in regard to stolen
10firearms goes above and beyond the monetary value of the firearm.
11(3) Given the significant
and particular threat to public safety
12in regard to stolen firearms and the theft of property when the
13property is taken from the person of another, it is appropriate to
14restore the penalties that existed prior to the passage of the Safe
15Neighborhoods and Schools Act in regard to stolen firearms.
16(b) It is not the intent of the Legislature in submitting this act
17to the electors to undermine the voter’s decision to decrease
18penalties for low-level theft and receiving stolen property, only to
19give the voters the opportunity to decide whether firearm thefts,
20the receipt of stolen firearms, and the theft of property when the
21property is taken from the person of another should be subject to
22penalties that existed prior to the passage of the Safe
23Neighborhoods and Schools Act.
Section 490.2 of the Penal Code is amended to read:
(a) Notwithstanding Section 487 or any otherbegin delete provision law defining grand theft,begin insert except as provided in subdivisions (c)
26ofend delete
27and (d),end insert obtaining any property by theft where the value of the
P3 1money, labor, realbegin delete orend deletebegin insert property, orend insert personal property taken does
2not exceed nine hundred fifty dollars ($950) shall be considered
3petty theft and shall be punished as a misdemeanor, except that
4begin delete suchend deletebegin insert
theend insert person may instead be punished pursuant to subdivision
5(h) of Section 1170 if that person has one or more prior convictions
6for an offense specified in clause (iv) of subparagraph (C) of
7paragraph (2) of subdivision (e) of Section 667 or for an offense
8requiring registration pursuant to subdivision (c) of Section 290.
9(b) This section shall not be applicable to any theft that may be
10charged as an infraction pursuant to any other provision of law.
11(c) If the property taken is a firearm as specified in paragraph
12(2) of subdivision (d) of Section 487, the theft is grand theft in all
13cases, and is punishable pursuant to subdivision (a) of Section
14489.
15(d) If the property taken is taken from the person of another as
16specified in subdivision (c) of Section 487, the theft is grand theft
17in all cases, and is punishable pursuant to subdivision (c) of Section
18489
Section 496 of the Penal Code is amended to read:
(a) Every person who buys or receives any property that
21has been stolen or that has been obtained in any manner
22constituting theft or extortion, knowing the property to be so stolen
23or obtained, or who conceals, sells, withholds, or aids in
24concealing, selling, or withholding any property from the owner,
25knowing the property to be so stolen or obtained, shall be punished
26by imprisonment in a county jail for not more than one year, or
27imprisonment pursuant to subdivision (h) of Section 1170.
28However,begin insert except as provided in subdivision (e),end insert if the value of the
29property does not exceed nine hundred fifty dollars ($950), the
30offense shall be a misdemeanor, punishable only by imprisonment
31in a county jail not exceeding one year, ifbegin delete suchend deletebegin insert
theend insert person has no
32prior convictions for an offense specified in clause (iv) of
33subparagraph (C) of paragraph (2) of subdivision (e) of Section
34667 or for an offense requiring registration pursuant to subdivision
35(c) of Section 290.
36A principal in the actual theft of the property may be convicted
37pursuant to this section. However, no person may be convicted
38both pursuant to this section and of the theft of the same property.
39(b) Every swap meet vendor, as defined in Section 21661 of the
40Business and Professions Code, and every person whose principal
P4 1business is dealing in, or collecting, merchandise or personal
2property, and every agent, employee, or representative of that
3person, who buys or receives any property of a value in excess of
4nine hundred fifty dollars ($950) that has been stolen or obtained
5in any manner constituting theft or extortion, under
circumstances
6that should cause the person, agent, employee, or representative
7to make reasonable inquiry to ascertain that the person from whom
8the property was bought or received had the legal right to sell or
9deliver it, without making a reasonable inquiry, shall be punished
10 by imprisonment in a county jail for not more than one year, or
11imprisonment pursuant to subdivision (h) of Section 1170.
12Every swap meet vendor, as defined in Section 21661 of the
13Business and Professions Code, and every person whose principal
14business is dealing in, or collecting, merchandise or personal
15property, and every agent, employee, or representative of that
16person, who buys or receives any property of a value of nine
17hundred fifty dollars ($950) or less that has been stolen or obtained
18in any manner constituting theft or extortion, under circumstances
19that should cause the person, agent, employee, or representative
20to make reasonable inquiry to ascertain that the person from whom
21
the property was bought or received had the legal right to sell or
22deliver it, without making a reasonable inquiry, shall be guilty of
23a misdemeanor.
24(c) Any person who has been injured by a violation of
25subdivision (a) or (b) may bring an action for three times the
26amount of actual damages, if any, sustained by the plaintiff, costs
27of suit, and reasonable attorney’s fees.
28(d) Notwithstanding Section 664, any attempt to commit any
29act prohibited by this section, except an offense specified in the
30accusatory pleading as a misdemeanor, is punishable by
31imprisonment in a county jail for not more than one year, or by
32imprisonment pursuant to subdivision (h) of Section 1170.
33(e) Notwithstanding subdivision (a), every person who buys or
34
receives a firearm that has been stolen or that has been obtained
35in any manner constituting theft or extortion, knowing the property
36to be so stolen or obtained, or who conceals, sells, withholds, or
37aids in concealing, selling, or withholding any property from the
38owner, knowing the property to be so stolen or obtained, shall be
39punished by imprisonment in a county jail for not more than one
40year, or imprisonment pursuant to subdivision (h) of Section 1170.
Sections 2 and 3 of this act amend the Safe
2Neighborhoods and Schools Act, Proposition 47, an initiative
3statute, and shall become effective only when submitted to and
4approved by the voters. The Secretary of State shall submit
5Sections 1, 2, and 3 of this act for approval by the voters at a
6statewide election in accordance with Section 9040 of the Elections
7Code.
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