Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1787

Introduced by Assembly Member Villapudua
(Coauthors: Assembly Members Bains, Juan Carrillo, Dixon, Hoover, and Wallis)
(Coauthors: Senators Alvarado-Gil, Newman, and Wilk)

January 04, 2024

An act to amend Section 459.5 of Sections 459.5, 487, 490.2, and 490.4 of, to add Sections 666.1 and 666.2 to, and to repeal Section 1001.82 of, the Penal Code, relating to crimes. theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 1787, as amended, Villapudua. Crimes: shoplifting. Theft: shoplifting.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.
This bill would reduce the threshold amount for petty theft and shoplifting from $950 to $450. The bill would make a person guilty of petty theft with a prior offense if the person is convicted of petty theft or shoplifting and has one or more prior convictions for specified theft-related offenses and would make the crime punishable by imprisonment in the county jail for up to one year or as a felony for a term of 3, 5, or 7 years.
This bill would make a person guilty of aggregated theft if the person commits 2 or more offenses of shoplifting within a 12-month period. The bill would require aggregated theft to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. The bill would require each additional offense of shoplifting after a conviction of aggregated theft to be punished as a felony for a term of 3, 5, or 7 years.
The bill would make the above provisions effective only upon submission to, and approval by, the voters, as specified.
Existing law, until January 1, 2026, makes a person guilty of organized retail theft if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, or acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, these crimes are punishable as either misdemeanors or felonies if the violations are committed on 2 or more separate occasions within a 12-month period and the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds $950.
This bill would reduce the amount of the aggregated value of the merchandise stolen, received, purchased, or possessed from $950 to $450. The bill would repeal the sunset provision, thereby extending the crime indefinitely. By extending the time that organized retail theft would be a crime, this bill would impose a state-mandated local program.
Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified.
This bill would repeal the sunset provision, thereby extending the authorization of the program indefinitely.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony.

Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.

This bill would make a technical, nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Theft Prevention and Rehabilitation Act.

SECTION 1.SEC. 2.

 Section 459.5 of the Penal Code is amended to read:

459.5.
 (a) (1) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine four hundred fifty dollars ($950). ($450). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting
(2) Shoplifting shall be punished as a misdemeanor, except that a person with 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 may be punished pursuant to subdivision (h) of Section 1170.
(b) An act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No A person who is charged with shoplifting may shall not also be charged with burglary or theft of the same property.
(c) In sentencing a defendant pursuant to this section, the court shall mandate any available diversion or drug court programs, including the program established pursuant to Chapter 2.9D (commencing with Section 1001.81) of Title 6 of Part 2, if appropriate.

SEC. 3.

 Section 487 of the Penal Code is amended to read:

487.
 Grand theft is theft committed in any of the following cases:
(a) When the money, labor, real property, or personal property taken is of a value exceeding nine four hundred fifty dollars ($950), ($450), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine four hundred fifty dollars ($950) ($450) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any either of the following:
(1) An automobile.
(2) A firearm.
(e) If the value of the money, labor, real property, or personal property taken exceeds nine four hundred fifty dollars ($950) ($450) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.

SEC. 4.

 Section 490.2 of the Penal Code is amended to read:

490.2.
 (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine four hundred fifty dollars ($950) ($450) shall be considered petty theft and shall be punished as a misdemeanor, except that such 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 shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.
(c) This section shall not apply to theft of a firearm.

SEC. 5.

 Section 490.4 of the Penal Code is amended to read:

490.4.
 (a) A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1) Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
(2) Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3) Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft.
(4) Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b) Organized retail theft is punishable as follows:
(1) If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine four hundred fifty dollars ($950), ($450), the offense is punishable by imprisonment in a county jail not exceeding one year or as a felony pursuant to subdivision (h) of Section 1170.
(2) Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(3) A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or as a felony pursuant to subdivision (h) of Section 1170.
(c) For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1) The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act.
(2) That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
(d) In a prosecution under pursuant to this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e) Upon conviction of an offense under pursuant to this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.

(f)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 6.

 Section 666.1 is added to the Penal Code, to read:

666.1.
 (a) Notwithstanding any other law, a person who has one or more convictions for any of the offenses listed in subdivision (b), and who is subsequently convicted of petty theft or shoplifting, shall be guilty of petty theft with a prior offense that shall be punishable as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony pursuant to subdivision (h) of Section 1170 for a term of three, five, or seven years.
(b) This section applies to the following offenses:
(1) Petty theft, as described in Section 488.
(2) Grand theft, as described in Section 487.
(3) Theft from an elder or dependent adult in violation of subdivision (e) of Section 368.
(4) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(5) Burglary, as described in Section 459.
(6) Carjacking, as described in Section 215.
(7) Robbery, as described in Section 211.
(8) Receiving stolen property, as described in Section 496.
(9) Mail theft, as described in subdivision (e) of Section 530.5.
(10) Organized retail theft, as described in subdivision (a) of Section 490.4.
(c) In sentencing a defendant pursuant to this section, the court shall mandate any available diversion or drug court programs, including the program established pursuant to Chapter 2.9D (commencing with Section 1001.81) of Title 6 of Part 2, if appropriate.
(d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SEC. 7.

 Section 666.2 is added to the Penal Code, to read:

666.2.
 (a) (1) A person who commits two or more offenses of shoplifting, as defined in Section 459.5, within a 12-month period is guilty of aggregated theft.
(2) Aggregated theft shall be punishable as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony pursuant to subdivision (h) of Section 1170.
(3) Each additional offense of shoplifting after a conviction for a violation of this section shall be punishable as a felony pursuant to subdivision (h) of Section 1170 for a term of three, five, or seven years.
(b) In sentencing a defendant pursuant to this section, the court shall mandate any available diversion or drug court programs, including the program established pursuant to Chapter 2.9D (commencing with Section 1001.81) of Title 6 of Part 2, if appropriate.

SEC. 8.

 Section 1001.82 of the Penal Code is repealed.
1001.82.

This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 9.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 10.

 This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections 1, 2, 3, 4, 6, 7, and 11 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.

SEC. 11.

 This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a majority vote of the members of each house of the Legislature and signed by the Governor.