Bill Text: CA AB1869 | 2015-2016 | Regular Session | Introduced
Bill Title: Theft: firearms.
Spectrum: Moderate Partisan Bill (Republican 18-4-1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1869 Detail]
Download: California-2015-AB1869-Introduced.html
BILL NUMBER: AB 1869 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Melendez and Gray
(Coauthors: Assembly Members Travis Allen, Baker, Brown, Chávez,
Dodd, Beth Gaines, Gallagher, Jones, Lackey, Linder, Mayes, Olsen,
Patterson, Waldron, and Wilk)
(Coauthors: Senators Anderson, Bates, Block, Huff, Nielsen, and
Stone)
FEBRUARY 10, 2016
An act to amend Sections 490.2 and 496 of the Penal Code, relating
to theft, and calling an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1869, as introduced, Melendez. Theft: firearms.
(1) The existing 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
property that does not exceed $950 in value petty theft, and makes
that crime punishable as a misdemeanor, with certain exceptions.
The California Constitution authorizes the Legislature to amend an
initiative statute by another statute that becomes effective only
when approved by the electors.
This bill would amend that initiative statute by making the theft
of a firearm grand theft in all cases and punishable by imprisonment
in the state prison for 16 months, or 2 or 3 years.
(2) Under existing law, a person who buys or receives property
that has been stolen, knowing the property to be stolen, or who
conceals, sells, withholds, or aids in concealing, selling, or
withholding property from the owner, knowing the property to be
stolen, is guilty of a misdemeanor or a felony, except that if the
value of the property does not exceed $950. Proposition 47 makes the
offense punishable as a misdemeanor if the defendant has not
previously been convicted of one or more specified serious or violent
felonies or of an offense requiring registration as a sex offender.
This bill would amend that initiative statute by making the buying
or receiving of a stolen firearm, with knowledge that the property
was stolen, or the concealing, selling, withholding, or aiding in
concealing, selling, or withholding of a firearm, with knowledge that
the property was stolen, a misdemeanor or a felony.
(3) This bill would call a special election to be consolidated
with the November 8, 2016, statewide general election. This bill
would require the Secretary of State to submit the provisions of the
bill that amend the initiative statute to the electors for their
approval at the November 8, 2016, consolidated election.
This bill would declare that it is to take effect immediately as
an act calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) In submitting this act to the electors, the
Legislature finds and declares all of the following:
(1) The theft of firearms and receipt of stolen firearms pose
dangers to public safety that are different in kind from other types
of theft or the receipt of other types of stolen property.
(2) Many handguns have a value of less than $950. The threat to
public safety in regard to stolen firearms goes above and beyond the
monetary value of the firearm.
(3) Given the significant and particular threat to public safety
in regard to stolen firearms, it is appropriate to restore the
penalties that existed prior to the passage of the Safe Neighborhoods
and Schools Act of 2014 in regard to stolen firearms.
(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voters' decision to decrease
penalties for low-level theft and receiving stolen property, only to
give the voters the opportunity to decide whether firearm thefts and
the receipt of stolen firearms should be subject to penalties that
existed prior to the passage of the Safe Neighborhoods and Schools
Act.
SEC. 2. 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, except as
provided in subdivision (c), obtaining any
property by theft where the value of the money, labor, real
property, or personal property taken does not exceed nine
hundred fifty dollars ($950) shall be considered
is 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 does not
be applicable apply to any
a theft that may be charged as an infraction
pursuant to any other provision of law.
(c) If the property taken is a firearm, the theft is grand theft
in all cases, as specified in paragraph (2) of subdivision (d) of
Section 487, and is punishable pursuant to subdivision (a) of Section
489.
SEC. 3. Section 496 of the Penal Code is amended to read:
496. (a) (1) Every person who buys or
receives any property that has been stolen or that has been obtained
in any manner constituting theft or extortion, knowing the property
to be so stolen or obtained, or who conceals, sells, withholds, or
aids in concealing, selling, or withholding any property from the
owner, knowing the property to be so stolen or obtained, shall be
punished by imprisonment in a county jail for not more than one year,
or imprisonment pursuant to subdivision (h) of Section 1170.
However, except as provided in subdivision (e), if the
value of the property does not exceed nine hundred fifty dollars
($950), the offense shall be is a
misdemeanor, punishable only by imprisonment in a county jail not
exceeding one year, if such the person
has no 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.
A
(2) A principal in the actual
theft of the property may be convicted pursuant to this section.
However, no a person may not
be convicted both pursuant to this section and of the theft of the
same property.
(b) (1) Every swap meet vendor, as defined
in Section 21661 of the Business and Professions Code, and every
person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives any
property of a value in excess of nine hundred fifty dollars
($950) that has been stolen or obtained in any manner constituting
theft or extortion, under circumstances that should cause the person,
agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or
received had the legal right to sell or deliver it, without making a
reasonable inquiry, shall be punished by imprisonment in a county
jail for not more than one year, or imprisonment pursuant to
subdivision (h) of Section 1170.
Every
(2) Every swap meet vendor, as
defined in Section 21661 of the Business and Professions Code, and
every person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives any
property of a value of nine hundred fifty dollars ($950) or
less that has been stolen or obtained in any manner constituting
theft or extortion, under circumstances that should cause the person,
agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or
received had the legal right to sell or deliver it, without making a
reasonable inquiry, shall be guilty of a misdemeanor.
(c) Any A person who has been
injured by a violation of subdivision (a) or (b) may bring an action
for three times the amount of actual damages, if any, sustained by
the plaintiff, costs of suit, and reasonable attorney's fees.
(d) Notwithstanding Section 664, any an
attempt to commit any act prohibited by this section, except an
offense specified in the accusatory pleading as a misdemeanor, is
punishable by imprisonment in a county jail for not more than one
year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(e) Notwithstanding subdivision (a), a person who buys or receives
a firearm that has been stolen or that has been obtained in any
manner constituting theft or extortion, knowing the property to be so
stolen or obtained, or who conceals, sells, withholds, or aids in
concealing, selling, or withholding a firearm from the owner, knowing
the property to be so stolen or obtained, shall be punished by
imprisonment in a county jail for not more than one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
SEC. 4. (a) Sections 2 and 3 of this act amend the Safe
Neighborhoods and Schools Act, Proposition 47, an initiative statute,
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 8, 2016, for approval by the voters of Sections 2
and 3 of this act. 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 2 and 3 of this act to the
voters for their approval at the November 8, 2016, statewide general
election.
SEC. 5. This act calls an election within the meaning of Article
IV of the Constitution and shall go into immediate effect.
