Amended in Senate May 5, 2015

Senate Bill No. 452

Introduced by Senator Galgiani

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(Coauthor: Senator Anderson)

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February 25, 2015

An act to amend begin delete Sections 490.2 and 496 end delete begin insert Section 490.2 end insert of the Penal Code, relating to theft.

LEGISLATIVE COUNSEL’S DIGEST

SB 452, as amended, 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. begin delete 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. end delete

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(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.

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This bill would, upon approval by the voters, make buying or receiving a stolen firearm a misdemeanor or a felony.

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(3)

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begin insert (2) end insert  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:

SECTION 1.  

(a) The Legislature in submitting this act to the
electors finds and declares all of the following:

(1) The theft of begin delete firearms, the receipt of stolen firearms, and the
theft of property when the property is taken from the person of
another, pose dangers to public safety that are different in kind
from other types of theft or the receipt of other types of stolen
property. end delete begin insert firearms pose a danger to public safety that is different
in kind from other types of theft. end insert

(2) Many handguns have a value of less than nine hundred fifty
dollars ($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 begin delete firearms and the theft of property when the
property is taken from the person of another, end delete begin insert firearms, end insert it is
appropriate to restore the penalties that existed prior to the passage
of the Safe Neighborhoods and Schools Act in regard to stolen
firearms.

(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voter’s decision to decrease
penalties for low-level theft and receiving stolen property, only to
give the voters the opportunity to decide whether firearm begin delete thefts,
the receipt of stolen firearms, and the theft of property when the
property is taken from the person of another end delete begin insert thefts end insert 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 begin delete in subdivisions (c) and
(d), end delete begin insert in subdivision (c), end insert obtaining any property by theft where the
value of the money, labor, real property, or personal property taken
does not exceed nine hundred fifty dollars ($950) shall be
considered 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 begin delete shall not be applicable end delete begin insert does not apply end insert to any
theft that may be charged as an infraction pursuant to any other
provision of law.

(c) If the property taken is a firearm as specified in paragraph
(2) of subdivision (d) of Section 487, the theft is grand theft in all
cases, and is punishable pursuant to subdivision (a) of Section 489.

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(d) If the property taken is taken from the person of another as
specified in subdivision (c) of Section 487, the theft is grand theft
in all cases, and is punishable pursuant to subdivision (c) of Section
489

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SEC. 3.  

Section 496 of the Penal Code is amended to read:

496.  

(a) 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 shall be 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.

A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted
both pursuant to this section and of the theft of the same property.

(b) 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 any 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.

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 any 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) Any 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, any 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), every 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 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.

SEC. 4.  

Sections 2 and 3

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begin insert SEC. 3. end insert   

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begin insert Section 2 end insert of this act begin delete amend end delete begin insert amends end insert the Safe
Neighborhoods and Schools Act, Proposition 47, an initiative
statute, and shall become effective only when submitted to and
approved by the voters. The Secretary of State shall submit
Sections begin delete 1, 2, and 3 end delete begin insert 1 and 2 end insert of this act for approval by the voters
at a statewide election in accordance with Section 9040 of the
Elections Code.