BILL NUMBER: AB 981	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 27, 2009

   An act to amend Section  466.1   212.5 
of the Penal Code, relating to  burglary tools  
robbery  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 981, as amended, Feuer.  Burglary tools.  
Robbery.  
   Existing law provides that every robbery of any person while using
an automated teller machine or immediately after the person has used
an automated teller machine and is in the vicinity of the automated
teller machine is robbery of the first degree.  
   This bill would narrow the scope of first degree robbery in that
instance by providing that every robbery of any person depositing or
withdrawing money from an automated teller machine or immediately
after the person has used an automated teller machine for those
purposes and is in the vicinity of the automated teller machine is
robbery of the first degree.  
   Existing law provides that any person who knowingly and willfully
sells or provides a lock pick, a tension bar, a lock pick gun, a
tubular lock pick, or a floor-safe door puller, to another, whether
or not for compensation, shall obtain the name, address, telephone
number, if any, date of birth, and driver's license number or
identification number, if any, of the person to whom the device is
sold or provided.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 212.5 of the   Penal
Code   is amended to read: 
   212.5.  (a) Every robbery of any person who is performing his or
her duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
   (b) Every robbery of any person  while using 
 depositing or withdrawing money from  an automated teller
machine or immediately after the person has used an automated teller
machine  f   or those purposes  and is in the
vicinity of the automated teller machine is robbery of the first
degree.
   (c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree. 
  SECTION 1.    Section 466.1 of the Penal Code is
amended to read:
   466.1.  Every person who knowingly and willfully sells or provides
a lock pick, a tension bar, a lock pick gun, a tubular lock pick, or
a floor-safe door puller, to another, whether or not for
compensation, shall obtain the name, address, telephone number, if
any, date of birth, and driver's license number or identification
number, if any, of the person to whom the device is sold or provided.
This information, together with the date the device was sold or
provided and the signature of the person to whom the device was sold
or provided, shall be set forth on a bill of sale or receipt. A copy
of each bill of sale or receipt shall be retained for one year and
shall be open to inspection by any peace officer during business
hours.
   Any person who violates any provision of this section is guilty of
a misdemeanor.