Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.
This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise.
Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would require a
person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years, and would make conforming changes.
Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.
This bill would state the findings of the Legislature that if the value of property taken exceeds $950 over the course of distinct but related acts, the thefts may properly be aggregated to charge a defendant with grand theft.
This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of
its provisions to the voters for approval at the next statewide general election.