BILL ANALYSIS
AB 2372
Page 1
ASSEMBLY THIRD READING
AB 2372 (Ammiano)
As Amended March 11, 2010
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-4
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, |
| |Portantino, Skinner | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Norby, |
| | | |Skinner, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen |
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SUMMARY : Increases the threshold amount that constitutes grand
theft from $400 to $950.
EXISTING LAW:
1)Defines "grand theft" as any theft where the money, labor, or
real or personal property taken or when the property is taken
from the person of another is of a value exceeding $400.
2)Provides that grand theft is committed when the money, labor,
or real or personal property taken is of a value in excess of
$400, except as specified.
3)Provides that notwithstanding the value of the property taken,
grand theft is committed in any of the following cases:
a) When domestic fowls, avocados, or other farm crops are
taken of a value exceeding $250;
b) When fish or other aquacultural products are taken from
a commercial or research operation that is producing that
product of a value exceeding $250;
c) Where money, labor or property is taken by a servant or
employee from his or her principal and aggregates $950 or
more in any consecutive 12-month period;
AB 2372
Page 2
d) When the property is taken from the person of another;
or,
e) When the property taken is, among other things, an
automobile, horse or firearm. Provides that if the grand
theft involves the theft of a firearm, it is punishable by
imprisonment in state prison for 16 months, 2 or 3 years.
4)Provides that in all other cases, grand theft is punishable by
imprisonment in county jail for not more than one year or in
the state prison.
5)Provides that theft in other cases is petty theft.
6)States that petty theft is punishable by a fine not exceeding
$1,000; by imprisonment in the county jail not exceeding six
months; or both.
7)Provides that any person who enters specified buildings,
including a vehicle, railroad car, locked or sealed cargo
container, whether or not mounted on a vehicle, with intent to
commit grand or petty theft or any felony is guilty of a
burglary.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, significant annual General Fund 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 one-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.
AB 2372
Page 3
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.
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 : According to the author, "Existing law sets the
minimum threshold for grand theft at $400. This amount has not
been indexed for inflation and has not been adjusted since 1982.
Last year, we adjusted the threshold for 39 property crimes but
did not adjust grand theft. 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. According to
the United States Department of Labor's Consumer Price Index,
the $200 threshold established in 1923 if adjusted for inflation
would be $2,534 in 2010. The $400 level established in 1982
would be around $900 today. AB 2372 adjusts the threshold
amount for the first time in a generation, taking into
consideration these inflationary factors, and sets the amount at
$950. Leaving the grand theft threshold itself unchanged
undermines the impact of the other property crimes adjustment
because the crimes could alternatively be charged as grand
theft. In 2009, the Department of Corrections estimated savings
of $68.4 million dollars for the 2010/11 Budget if all property
crimes were adjusted for inflation. Leaving the grand theft
threshold unchanged undermines these savings. The Department
estimates there will be 2,152 fewer defendants sent to state
prison for these property crimes by December 2011 if AB 2732 is
enacted into law."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0004235