Bill Text: CA AB1960 | 2023-2024 | Regular Session | Amended
Bill Title: Sentencing enhancements: property loss.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed) 2024-07-01 - Read second time. Ordered to third reading. [AB1960 Detail]
Download: California-2023-AB1960-Amended.html
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Amended
IN
Senate
June 30, 2024 |
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Amended
IN
Senate
June 20, 2024 |
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Amended
IN
Assembly
May 16, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1960
| Introduced by Assembly Member Robert Rivas (Coauthors: Assembly Members Alanis, Stephanie Nguyen, Blanca Rubio, and Villapudua) |
January 29, 2024 |
An act to add and repeal Section 12022.6 of the Penal Code, relating to sentencing, and declaring the urgency thereof, to take effect immediately. sentencing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1960, as amended, Robert Rivas.
Sentencing enhancements: property loss.
State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified.
This bill would, until January 1, 2030, create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, this bill would impose a state-mandated local program.
The bill would additionally make these provisions inoperative if a specified initiative is approved by the voters.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12022.6 is added to the Penal Code, to read:12022.6.
(a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Section 496, the court shall impose an additional and consecutive term of imprisonment as follows:(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one
million dollars ($1,000,000), the court shall impose an additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For each additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) In an accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this
section and arise from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
(e) (1)It is the
intent of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.
(2)If the proposed initiative measure titled “The Homelessness, Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) is approved by the voters at the statewide general election on November 5, 2024, this section shall become inoperative on the fifth day after the Secretary of State files the statement of the vote for the election, and shall be repealed on January 1, 2025.
SEC. 2.
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.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To address the increase in community-based crime and retail theft and to provide broader public safety, it is necessary that this act take effect immediately.
