Bill Text: CA AB392 | 2017-2018 | Regular Session | Introduced
Bill Title: Conspiracy: shoplifting.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB392 Detail]
Download: California-2017-AB392-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 392 |
| Introduced by Assembly Member Lackey (Principal coauthor: Senator Wilk) |
February 09, 2017 |
An act to amend Section 182 of the Penal Code, relating to conspiracy.
LEGISLATIVE COUNSEL'S DIGEST
AB 392, as introduced, Lackey.
Conspiracy: shoplifting.
Existing law makes it a crime, punishable as a misdemeanor or a felony, for 2 or more persons to conspire to commit any crime.
This bill would specify that the crime of conspiracy occurs when 2 or more persons conspire to commit shoplifting, and that the punishment for that conspiracy offense would be a felony, as specified. The bill would provide that conspiracy to commit shoplifting would be known as “organized retail crime.”
By changing the punishment for an existing crime, this 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.
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 182 of the Penal Code is amended to read:182.
(a) (1) If two or more persons conspire:(1)
(A) To commit any crime.
(2)
(B) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3)
(C) Falsely to move or maintain any suit, action, or proceeding.
(4)
(D) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5)
(E) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6)
(F) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
(G) To commit shoplifting in violation of Section 459.5. Conspiracy to commit shoplifting shall be known as “organized retail crime.”
They
(2) They are punishable as follows:
When
(A) When they conspire to commit any crime against the person of any official specified in
subparagraph (F) of paragraph (6), (1) they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years.
When
(B) When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds
the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
If
(C) If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the
felony which has the greater maximum term.
When
(D) When they conspire to do an act described in subparagraph (D) of paragraph (4), (1) they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
(E) When they conspire to do an act described in subparagraph (G) of paragraph (1), they shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
When
(F) When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).
All
(3) All
cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be was done.
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
