Bill Text: CA AB2477 | 2019-2020 | Regular Session | Amended

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Bill Title: Property crimes: unlawful entry onto property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on PUB. S. [AB2477 Detail]

Download: California-2019-AB2477-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2477

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Introduced by Assembly Member Diep Low

February 19, 2020

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An act to amend Section 13700 of the Penal Code, relating to domestic violence. An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2477, as amended, Diep Low. Domestic violence. Property crimes: unlawful entry onto property.

Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.

This bill would prohibit a person from entering the curtilage of a residential dwelling, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as a misdemeanor by imprisonment in a county jail not exceeding one year for a first violation. The bill would make a 2nd or subsequent violation punishable as a misdemeanor by imprisonment in a county jail not exceeding one year or as a felony by imprisonment in a county jail for a term not exceeding 16 months, or 2 or 3 years. The bill would allow the court to grant the person diversion or deferred entry of judgment pursuant to specified programs regardless of whether the person is charged with a misdemeanor or a felony, and would require the court to punish a violation as a misdemeanor if the court determines the person should be granted diversion or deferred entry of judgment but the program is not available. By creating a new crime, the bill would impose a state-mandated local program.

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.

The bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires every law enforcement agency in this state to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls. Existing law defines the terms “domestic violence” and “officer” for those purposes.

This bill would make technical, nonsubstantive changes to those definitions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:

CHAPTER  9. Unlawful Entry onto Property

540.

 (a) A person shall not enter the curtilage of a residential dwelling with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier.

(b) For purposes of this section, “curtilage” means an area adjacent to or in the immediate area of the dwelling, and to which the activity of residential life extends, including, but not limited to, a porch, doorstep, patio, stoop, driveway, hallway, or enclosed yard.

(c) (1) Except as specified in paragraph (2), a violation of this section is punishable by imprisonment in a county jail for a term not exceeding one year.

(2) A second or subsequent violation of this section is punishable by imprisonment in a county jail for a term not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.

(3) (A) Regardless of whether the person is charged with a misdemeanor or a felony for a violation of this section, a court may grant diversion or deferred entry of judgment and shall consider granting diversion or deferred entry of judgment as follows:

(i) Pursuant to Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2, if the court determines that the violation resulted from abuse of, or from an addiction to, alcohol or controlled substances and the person would benefit from programs made available pursuant to that chapter.

(ii) Pursuant to Chapter 2.55 (commencing with Section 1000.7) of Title 6 of Part 2, if the person is under 25 years of age and otherwise qualifies for deferred entry of judgment and the court determines that the person would benefit from programs made available pursuant to that chapter.

(iii) Pursuant to Chapter 2.6 (commencing with Section 1000.8) of Title 6 of Part 2, if the person otherwise qualifies for deferred entry of judgment and the court determines that the person would benefit from the programs made available pursuant to that chapter.

(iv) Pursuant to Chapter 2.7 (commencing with Section 1001) of Title 6 of Part 2, if the court determines that the person would benefit from programs made available pursuant to that chapter.

(v) Pursuant to Chapter 2.9D (commencing with Section 1001.81) of Title 6 of Part 2, if the person otherwise qualifies for diversion or deferred entry of judgment and the court determines that the person would benefit from programs made available pursuant to that chapter.

(B) This paragraph does not preclude a person from receiving diversion or deferred entry of judgment pursuant to any other program for which the person is eligible.

(C) The factors a court may consider in deciding whether to grant diversion or deferred entry of judgment include, but are not limited to, all of the following:

(i) Whether the person was following a carrier of the package.

(ii) The number of packages taken.

(iii) The prior criminal history of the person, including the number of prior violations of this section.

(iv) Whether more than one person was involved in the violation.

(v) Whether the person was armed.

(D) A person is presumptively, although not definitively, eligible for diversion or deferred entry of judgment if the person who requested or authorized delivery of the package agreed to pay or paid less than one hundred dollars ($100) for all of the items in the package.

(E) If the court determines a that a person should be granted diversion or deferred entry of judgment under one or more of the specified programs described in paragraph (3) of subdivision (c), but the program is not available, the court may only punish a violation of this section as a misdemeanor.

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.

SECTION 1.Section 13700 of the Penal Code is amended to read:

13700.

As used in this title:

(a)“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to that person, or another.

(b)“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the persons while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the persons hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.

(c)“Officer” means an officer or employee of a local police department or sheriff’s department, and a peace officer of the Department of the California Highway Patrol, the Department of Parks and Recreation, the University of California Police Department, or the California State University Police Departments, as defined in Section 830.2, a peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31, a housing authority patrol officer, as defined in subdivision (d) of Section 830.31, a peace officer as defined in subdivisions (a) and (b) of Section 830.32, or a peace officer as defined in subdivision (a) of Section 830.33.

(d)“Victim” means a person who is a victim of domestic violence.