Bill Text: CA SB1416 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentencing enhancements: sale, exchange, or return of stolen property.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2024-08-16 - Chaptered by Secretary of State. Chapter 174, Statutes of 2024. [SB1416 Detail]
Download: California-2023-SB1416-Amended.html
An act relating to retail theft. An act to add Section 12022.10 to the Penal Code, relating to crimes.
NOYES
Local Program:
NOYES
SECTION 1.
Bill Title: Sentencing enhancements: sale, exchange, or return of stolen property.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2024-08-16 - Chaptered by Secretary of State. Chapter 174, Statutes of 2024. [SB1416 Detail]
Download: California-2023-SB1416-Amended.html
|
Amended
IN
Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1416
| Introduced by Senator Newman |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
SB 1416, as amended, Newman.
Retail theft. Sentencing enhancements: sale, exchange, or return of stolen property.
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony.
This bill would create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, 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.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the voters 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. Under existing law, if the value of property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours and prohibits prosecution for an act of shoplifting under any other law.
This bill would state the Legislature’s intent to enact legislation relating to retail theft.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12022.10 is added to the Penal Code, to read:12022.10.
(a) When any person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows:(1) If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year.
(2) If the property value exceeds two hundred thousand dollars ($200,000), the court, in addition
and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years.
(3) If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years.
(4) If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years.
(5) For each property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) When any person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a).
(c) In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed if the aggregate value of the property involved exceeds the amounts specified in this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(d) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(e) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
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.It is the intent of the Legislature to enact legislation relating to retail theft.
