Amended  IN  Assembly  July 01, 2024
Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1381

Introduced by Senator McGuire Senators Wahab and Ashby and Assembly Member Zbur
(Coauthor: Senator Gonzalez)

February 16, 2024

An act to amend Section 13899 of the Penal Code, relating to crimes. An act to amend Section 7599.2 of the Government Code, to amend Section 11352 of, and to add Section 11369 to, the Health and Safety Code, and to amend Section 487 of, and to add Sections 490.3 and 666.1 to, the Penal Code, relating to crimes, and calling an election, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1381, as amended, McGuire Wahab. Property crimes: regional property crimes task force. Crime.
(1) Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes transportation and sales of specified controlled substances, including narcotics, punishable by imprisonment in a county jail for a period of 3, 4, or 5 years.
This bill would make the sale, furnishing, administration, or giving away of any mixture of controlled substances containing fentanyl or its analogs, knowing that fentanyl or its analogs are present within the mixture, unbeknownst to the purchaser or recipient, and without disclosing that presence to the purchaser or recipient a felony punishable in county jail for 4, 5, or 6 years.
This bill would require the court to advise a person who is convicted of, or who pleads guilty or no contest to transporting, importing, selling, or administering a controlled substance containing fentanyl or a fentanyl analog, or offering or attempting do so, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would prohibit the advisory from being used as evidence in the prosecution of a juvenile in juvenile court.
(2) 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. 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. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Existing law authorizes the aggregation of the value of the money, labor, real property, or personal property stolen to determine grand theft if the acts are motivated by one intention, one general impulse, and one plan.
This bill, instead, would authorize aggregation of the value of property stolen through one or more instances of theft or shoplifting into a single act that meets the definition of grand theft when the acts occurred within 3 years of each other.
This bill would authorize a person to be charged with a misdemeanor or a felony if the current offense is petty theft or shoplifting and the person has 2 or more convictions for specified offenses, including petty theft, shoplifting, or receiving stolen property, within the prior 3 years. If a person has been punished under that provision previously within 3 years, the bill would make a new conviction for petty theft or shoplifting punishable as a felony.
(3) The Safe Neighborhoods and Schools Act additionally established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. Existing law requires the Controller to disburse moneys from the fund for various purposes, including, among others, 25% to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils, and 65% to the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system.
This bill would instead require 15% of the moneys to go to the State Department of Education program and 75% to the Board of State and Community Corrections program.
(4) This bill would make the provisions of the bill severable.
(5) This bill would place the substantive provisions of the bill on the ballot at the November 5, 2024, statewide general election. The bill would provide that, if another initiative or measure relating to the same subject appears on the same statewide ballot, all of the provisions of the other measure or measures shall be deemed to be in conflict with this measure and, in the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, would require that the provisions of this measure prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(6) This bill would declare that it is to take effect immediately as an act calling an election.

Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes, including, among other property crimes, organized retail theft and vehicle burglary, and assist local law enforcement with resources, such as personnel and equipment.

This bill would include the sale of stolen goods as a property crime to be considered in the identification of geographic areas experiencing increased levels of property crimes.

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

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


SECTION 1.

 The Legislature and the people find and declare all of the following:
(a) Fentanyl has become a menace to all Californians, threatening the lives of our loved ones and targeting our children.
(b) The United States is facing a fentanyl crisis. The United States Drug Enforcement Administration has found that 6 of every 10 pills with fentanyl contain a potentially lethal dose, and fentanyl is now the leading cause of death for adults under 45, posing a deadly risk to the next generation of Californians.
(c) Fentanyl is deadly, and it is maliciously being mixed in with other drugs without users’ knowledge.
(d) Organized crime rings are a scourge on California businesses and consumers and must be held accountable.
(e) Strengthening laws against fentanyl trafficking and retail theft will protect the public safety of all Californians, restoring faith in the legal and judicial system.

SEC. 2.

 Section 7599.2 of the Government Code is amended to read:

7599.2.
 Distribution of Moneys from the Safe Neighborhoods and Schools Fund.
(a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows:
(1) Twenty‑five Fifteen percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime.
(2) Ten percent to the California Victim Compensation Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Section 13963.1 of the Government Code.
(3) Sixty‑five Seventy-five percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems.
(b) For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs.
(c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her their findings to the Legislature and the public.
(d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by Section 7599.1 and the audit required by subdivision (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a).
(e) The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes.
(f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided.

SEC. 3.

 Section 11352 of the Health and Safety Code is amended to read:

11352.
 (a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding subdivision (a), a person who sells, furnishes, administers, or gives away any mixture of controlled substances containing fentanyl or its analogs, knowing fentanyl or its analogs to be present within the mixture, unbeknownst to the purchaser or recipient, and without disclosing that presence to the purchaser or recipient shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a term of four, five, or six years.

(b)

(c) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.

(c)

(d) For purposes of this section, “transports” means to transport for sale.

(d)

(e) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.

SEC. 4.

 Section 11369 is added to the Health and Safety Code, to read:

11369.
 (a) This section shall be known, and may be cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351 or 11352 for transporting, importing, selling, or administering a controlled substance, offering to transport, import, sell, or administer a controlled substance, or attempting to transport, import, sell, or administer a controlled substance, or Section 11379.6, where the substance contained fentanyl or a fentanyl analog, of the following:
“You are hereby advised that all illicit drugs and counterfeit pills are dangerous to human life and become even deadlier when they are, sometimes unknowingly, mixed with substances such as fentanyl and analogs of fentanyl. People can and have died from these substances, even in very small doses. It is extremely dangerous and deadly to human life to sell or administer drugs, in any form, when not lawfully authorized to do so. If you do so in the future and a person dies as a result of that action, and you knew or should have known that the substance you provided contained fentanyl or a fentanyl analog, you may be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. In addition, this conviction will be considered by a judge or jury as to whether you knew or should have known that the substance you provided to the decedent contained fentanyl.”
The court shall additionally read the advisory statement in a case in which the person exchanged a controlled substance containing fentanyl or its analogs for anything else of value except when the controlled substance containing fentanyl or its analogs is exchanged for a controlled substance or alcohol.
(c) The advisory statement shall be included in a plea form, if used, or the fact that the advisory was given shall be specified on the record.
(d) The fact that the advisory was given shall be recorded in the abstract of the conviction.
(e) This advisement may not be used as evidence in the prosecution of a minor in juvenile court.

SEC. 5.

 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 hundred fifty dollars ($950), 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 hundred fifty dollars ($950) 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 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 hundred fifty dollars ($950) 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. 6.

 Section 490.3 is added to the Penal Code, to read:

490.3.
 Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, when the acts occurred within three years of each other, the value of the money, labor, real property, or personal property taken or merchandise stolen may be aggregated in a single count or charge, with the sum of the value of all money, labor, property, or merchandise being the value considered in determining the degree of theft. Aggregation may only be applied to theft or shoplifting offenses for which a conviction has not occurred.

SEC. 7.

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

666.1.
 (a) (1) Notwithstanding any other law, a person is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 if they meet all of the following:
(A) The person has two or more prior convictions for any of the offenses listed in paragraph (3) and those convictions occurred within three years of the current offense.
(B) The current conviction is petty theft or shoplifting.
(C) The value of the property taken, unlawfully received, or that otherwise provided the basis for conviction in each of the offenses is above the amount described in Section 490.1.
(2) A person who has previously been sentenced pursuant to paragraph (1) and who is within three years subsequently convicted of petty theft or shoplifting is punishable pursuant to subdivision (h) of Section 1170.
(3) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13.
(C) Theft from an elder or dependent adult, as described in Section 368.
(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5.
(b) A person subject to charging under this section or actually charged under this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest of a person for petty theft or shoplifting, who has two or more prior convictions within the past three years for any of the offenses listed in paragraph (3) of subdivision (a), prior to release the court shall make an individualized determination of risk to public safety and likelihood to return to court. The court shall make the determination within 48 hours of detention and may do so through remote proceedings.
(d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SEC. 8.

 If any provision of this act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this act are severable.

SEC. 9.

 (a) In the event that this act and another initiative measure or measures relating to the same subject, including by making any changes to laws enacted or amended by Proposition 47, appear on the same statewide ballot, all of the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect.

SEC. 10.

 (a) Sections 2, 5, 6, and 7 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute enacted by the voters at the November 8, 2014, statewide general election, and shall become effective only when submitted to and approved by the voters at a statewide election.
(b) A special election is hereby called, to be held throughout the state on November 5, 2024, for approval by the voters of Sections 1 to 9, inclusive, of this act, which shall become effective only when submitted to and approved by the voters at the statewide election. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used.
(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 1 to 9, inclusive, of this act to the voters for their approval at the November 5, 2024, statewide general election.

SEC. 11.

 This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SECTION 1.Section 13899 of the Penal Code is amended to read:
13899.

The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft, sale of stolen goods, vehicle burglary, and theft of vehicle parts and accessories. The task force shall provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.