BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2372|
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THIRD READING
Bill No: AB 2372
Author: Ammiano (D)
Amended: 3/11/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/29/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Huff
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 44-30, 6/1/10 - See last page for vote
SUBJECT : Grand theft: property value threshold
SOURCE : American Civil Liberties Union
California Attorneys for Criminal Justice
DIGEST : This bill raises the general value threshold for
grand theft from $400, as that value was set in 1982, to
$950.
ANALYSIS : Existing law generally provides that grand
theft is theft when the money, labor, or real or personal
property taken is of a value exceeding $400.
This bill increases the threshold amount that constitutes
grand theft from $400 to $950, unless a more specific
provision applies.
CONTINUED
AB 2372
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Related Legislation
SBX3 18 (Ducheny), Chapter 28, Statutes of 2009, increases
the threshold amount for thefts of specified agricultural
goods and specified aquacultural products from $100 to
$250. SBx3 18 also increased the threshold amount of
thefts of money, labor, or real or personal property taken
by an agent, servant, or employee from $400 to $950.
Provisions equivalent to those in this bill were contained
in AB x3 14 (Arambula), which died on the Assembly Floor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
American Civil Liberties Union (co-source)
California Attorneys for Criminal Justice (co-source)
California Coalition for Women Prisoners
California Public Defenders Association
Friends Committee on Legislation
Legal Services for Prisoners with Children
SEIU Local 1000
OPPOSITION : (Verified 8/2/10)
California Grocers Association
ARGUMENTS IN SUPPORT : According to the author's office
states, "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
AB 2372
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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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Bonnie
Lowenthal, Ma, Mendoza, Monning, Norby, V. Manuel Perez,
Ruskin, Salas, Saldana, Skinner, Swanson, Torlakson,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Knight, Lieu, Logue, Miller, Nestande, Niello, Nielsen,
Portantino, Silva, Smyth, Torres, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Nava, Solorio, Audra
Strickland, Torrico, Vacancy
RJG:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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