CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3109

Introduced by Assembly Members Muratsuchi and Pacheco

February 16, 2024

An act to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 3109, as introduced, Muratsuchi. Theft.
(1) Existing law, the 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 money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.
The bill would, if a person has one conviction for a specified theft offense, make a second or subsequent conviction punishable by imprisonment in the county jail not exceeding one year, or 16 months, or 2 or 3 years.
(2) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified.
This bill would, commencing January 1, 2026, authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified.
(3) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 666.1 is added to the Penal Code, to read:

666.1.
 (a) (1) Notwithstanding any other law, if a person has one conviction for any of the offenses listed in paragraph (2) and is convicted of a second or subsequent offense, the second or subsequent conviction is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2) This section applies to the following offenses:
(A) Petty theft, as described in Section 488.
(B) Grand theft, as described in Section 487.
(C) Shoplifting, as described in Section 459.5.

SEC. 2.

 Chapter 2.97 (commencing with Section 1001.98) is added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER  2.97. Theft Crimes Diversion

1001.98.
 (a) The city or county prosecuting attorney or county probation department may create a diversion program pursuant to this section for persons who commit a theft offense or repeat theft offenses. The program may be conducted by the prosecuting attorney’s office or the county probation department.
(b) Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute theft or repeat theft.
(c) If a county creates a diversion or deferred entry of judgment program for individuals committing theft or repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1) Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individual’s risk and needs and the appropriateness of program placement.
(2) If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity.
(3) If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4) If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5) Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d) On referral of a case to the program, a notice shall be provided to the person alleged to have committed the offense with both of the following information:
(1) The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2) A statement of the penalty for the offense or offenses with which that person has been charged.
(e) The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1) Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2) Making adequate restitution or an appropriate substitute for restitution to the victim.
(f) This chapter shall become operative on January 1, 2026.

SEC. 3.

 This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.