BILL ANALYSIS
AB 2372
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2372 (Ammiano) - As Amended: March 11, 2010
Policy Committee: Public Safety
Vote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases the threshold amount for grand theft, from
$400 to $950.
FISCAL EFFECT
Significant annual GF savings in the range of $40 million as a
result of fewer first-time felony state prison commitments.
Based on the 4,800 persons committed to state prison in 2007 and
2008 for grand theft, if this bill reduced this number by 33%,
based on an average time served of 12 months, annual savings
would be in the range of $37 million.
There would be a corresponding nonreimbursable increase in local
jail costs to the extent that offenses that would have been
charged as a felony - and punishable by state prison - are now
charged as misdemeanors - punishable by up to six months in
county jail and/or a fine of up to $1,000. These local costs
would be about half the potential state savings, offset to a
degree by increased fine revenue. The effect of this bill on
repeat offenders would be minimal as a person convicted of petty
theft, who has a prior petty theft conviction and served time
for that conviction, may be charged with a felony, punishable by
up to one year in county jail, or by 16 months, 2, or 3 years in
state prison.
Last year the budget conference committee proposed a similar
adjustment to the basic grand theft threshold. Ultimately,
however, this proposal was shelved, even though a series of
related property crime thresholds were adjusted for inflation.
AB 2372
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As a result, $34 million in budget savings was scored, though
because the basic grand theft statute was not increased, and
because the related property crimes can also be charged under
the grand theft statute, the savings did not materialize.
COMMENTS
1)Rationale . The author notes that the grand theft threshold has
not been adjusted for inflation since it was set at $400 in
1982.
Grand theft was established as a crime in 1867 for crimes
involving more than $50. That figure was first adjusted in
1923 and increased to $200. If adjusted for inflation, 1923's
$200 threshold would be about $2,500 in 2010. The $400 level
established in 1982 would be about $950 today.
2)Current law generally defines grand theft as any theft where
the money, labor, or personal property taken from another
exceeding $400. Grand theft is generally punishable by up to
six months in county jail and/or a fine of up to $1,000, or 16
months, two, or thee years in state prison. Theft in other
cases is generally petty theft, petty theft is punishable by
up to six months in county jail and/or a fine of up to $1,000.
3)Prior Legislation . AB 2705 (Goldberg), 2003, increased the
threshold for grand theft from $400 to $1,000. AB 2705 was
vetoed.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081