Bill Text: CA AB2406 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Crimes: theft.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Failed) 2024-04-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2406 Detail]
Download: California-2023-AB2406-Amended.html
who, with knowledge that the persons are minors under 18 years of age, or who, while in possession of any facts on the basis of which they should reasonably know that the persons are minors under 18 years of age, knowingly who causes, promotes, employs, uses, persuades, induces, or coerces two or more minors a minor under 18 years of age to commit a theft-related offense is guilty of a felony, punishable by imprisonment in the state prison for two, four, or six years.
shall be punished pursuant to subdivision (b).
Bill Title: Crimes: theft.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Failed) 2024-04-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2406 Detail]
Download: California-2023-AB2406-Amended.html
|
Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2406
| Introduced by Assembly Member Davies (Coauthors: Assembly Members Dixon, Flora, Hoover, Lackey, Villapudua, and Wallis) (Coauthors: Senators Alvarado-Gil, Newman, and Niello) |
February 12, 2024 |
An act to amend Section 1203 of, and to add Section 272.5 to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2406, as amended, Davies.
Crimes: theft.
Existing law makes theft a crime. Existing law makes it a crime to knowingly promote, employ, use, persuade, induce, or coerce a minor under 18 years of age to engage in specified conduct.
This bill would make it a crime to knowingly cause, promote, employ, use, persuade, induce, or coerce 2 or more minors a minor under 18 years of age to engage in specified theft-related offenses. The
bill would make this crime punishable as a misdemeanor or a felony, as specified. Because the bill creates a new crime, the bill would impose a state-mandated local program.
Existing law authorizes a court to sentence an eligible person convicted of a felony to probation. Existing law prohibits the granting of probation to a person convicted of specified offenses except in unusual cases in which the interests of justice would best be served if the person is granted probation.
This bill would prohibit the granting of probation to a person convicted of the crime above.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 272.5 is added to the Penal Code, to read:272.5.
(a) A person(b)For purposes of this section, “theft-related offense” means a violation of any of the following:
(1)Shoplifting, in violation of Section 459.5.
(2)Burglary, in violation of Section 460.
(3)Theft, in violation of Section 484.
(4)Cargo theft, in violation of Section 487h.
(5)Organized retail theft, in violation of Section 490.4.
(b) A violation of this section is punishable as follows:
(1) By imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170, if the theft-related offense is a violation of any of the following:
(A) Shoplifting, in violation of Section 459.5.
(B) Petty theft, in violation of Sections 484 or 490.2.
(C) Organized retail theft, in violation of paragraph (2) of subdivision (b) of Section 490.4.
(2) By imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, if the theft-related offense is a violation of any of the following:
(A) Grand theft, as described in Section 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13.
(B) Theft from an elder or dependent adult, as described in Section 368.
(C) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(D) Burglary, as described in Section 459.
(E) Carjacking, as described in Section 215.
(F) Robbery, as described in Section 211.
(G) Receiving stolen property, as described in Section 496.
(H) Identity theft and mail theft, as described in Section 530.5.
(c) (1) This section does not prevent punishment pursuant to any other provision of law that imposes a greater or more severe punishment.
(2) This section does not prevent punishment for the commission, attempted commission, or conspiracy to commit a theft-related
offense.
SEC. 2.
Section 1203 of the Penal Code is amended to read:1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and make a written report to the court containing findings and recommendations, including recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code, the
probation officer shall include in the report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C) If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(D) The probation officer may also include in the report recommendations for both of the following:
(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed
with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in
mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report
shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a
report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit the person to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases in which the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or the person’s arrest, a person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2) A person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which that person has been convicted.
(3) A person who willfully inflicted
great bodily injury or torture in the perpetration of the crime of which that person has been convicted.
(4) A person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, a person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 287, 288, or 288.5, or of former
Section 288a, or a conspiracy to commit one or more of those crimes.
(6) A person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if that person committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly
weapon at the time of the perpetration of the previous crime or the person’s arrest for the previous crime, the person was armed with a weapon at either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7) A public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8) A person who knowingly furnishes or gives away phencyclidine.
(9) A person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10) A person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11) A person who possesses a short-barreled rifle or a short-barreled shotgun under
Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12) A person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13) A person who is described in subdivision (b) or (c) of Section 27590.
(14) A person who is convicted of violating Section 272.5.
(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g) If a person is not eligible for
probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases in which the determination is applicable. The judge, in their discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court containing findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or
(g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i) A probationer shall not be released to enter another state unless the case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4).
(j) In any court in which a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the
defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report the findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
An order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, a person who is convicted
of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.
(l) For a person granted probation prior to January 1, 2028, at the time the court imposes probation, the court may take a waiver from the defendant permitting flash incarceration by the probation officer, pursuant to Section 1203.35.
(m) A person who is granted probation is subject to search or seizure as part of their terms and conditions only by a probation officer or other peace officer.
