Bill Text: CA SB979 | 2019-2020 | Regular Session | Amended


Bill Title: Property crimes: unlawful entry onto property.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2020-05-21 - May 20 set for first hearing. Failed passage in committee. (Ayes 2. Noes 5.) Reconsideration granted. [SB979 Detail]

Download: California-2019-SB979-Amended.html

Amended  IN  Senate  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 979


Introduced by Senator Jones
(Coauthors: Senators Allen and Chang)

February 11, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


SB 979, as amended, Jones. 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 for a term not exceeding one year. For a 3rd or subsequent violation within a 36-month period, the bill would make the crime punishable as a misdemeanor by imprisonment in a county jail for a term not exceeding one year or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 residential 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 third or subsequent violation of this section within a 36-month period is punishable by imprisonment in a county jail for a term not to exceed one year or pursuant to subdivision (h) of Section 1170.

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.
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