Bill Text: CA AB2158 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 2158 (Prior Session Legislation)

Introduced

Bill Title: Sentencing: enhancements.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-24 - From printer. May be heard in committee March 25. [AB2158 Detail]

Download: California-2011-AB2158-Introduced.html

BILL NUMBER: AB 2158	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 23, 2012

   An act to amend Section 12022.6 of the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2158, as introduced, Wagner. Sentencing: enhancements.
   Existing law requires that when any person takes, damages, or
destroys any property in the commission or attempted commission of a
felony, with the intent to cause that taking, damage, or destruction,
the court shall impose an additional term of imprisonment based on
the amount of the loss.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12022.6 of the Penal Code is amended to read:
   12022.6.  (a) When  any   a  person
takes, damages, or destroys any property in the commission or
attempted commission of a felony, with the intent to cause that
taking, damage, or destruction, the court shall impose an additional
term as follows:
   (1) If the loss exceeds sixty-five thousand dollars ($65,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of one year.
   (2) If the loss exceeds two hundred thousand dollars ($200,000),
the court, in addition and consecutive to the punishment prescribed
for the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of two years.
   (3) If the loss exceeds one million three hundred thousand dollars
($1,300,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
three years.
   (4) If the loss exceeds three million two hundred thousand dollars
($3,200,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
four years.
   (b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction, the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies exceed the amounts specified in this section and arise
from a common scheme or plan. All pleadings under this section shall
remain 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 of the taking, damage, or destruction in
excess of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
   (d) This section applies to, but is not limited to, property
taken, damaged, or destroyed in violation of Section 502 or
subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s,
or 653w.
   (e) For the purposes of this section, the term "loss" has 
both of  the following meanings:
   (1) When counterfeit items of computer software are manufactured
or possessed for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value of
the true items that are counterfeited.
   (2) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail price or
fair market value of the number of completed computer software
packages that could have been made from those components.
   (f) It is the intent of the Legislature that the provisions of
this section be reviewed within 10 years to consider the effects of
inflation on the additional terms imposed. For that reason this
section shall remain in effect only until January 1, 2018, and as of
that date is repealed unless a later enacted statute, which is
enacted before January 1, 2018, deletes or extends that date.