Bill Text: CA SB985 | 2019-2020 | Regular Session | Introduced
Bill Title: Sentencing enhancements: property loss.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-18 - March 24 hearing postponed by committee. [SB985 Detail]
Download: California-2019-SB985-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 985
| Introduced by Senator Portantino |
February 12, 2020 |
An act to add and repeal Section 12022.6 of the Penal Code, relating to sentencing.
LEGISLATIVE COUNSEL'S DIGEST
SB 985, as introduced, Portantino.
Sentencing enhancements: property loss.
State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on any person who takes, damages, or destroys any property in the commission or attempted commission of a felony, as specified.
This bill would, until January 1, 2031, authorize the court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of up to 2 years if the property loss exceeds $235,000, an additional term of imprisonment of up to 3 years if the property loss exceeds $1,500,000, or an additional term of imprisonment of up to 4 years if the property loss exceeds $3,700,000.
Because this bill would increase the penalty for
existing felonies, it 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 12022.6 is added to the Penal Code, to read:12022.6.
(a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, the court may impose an additional term as follows:(1) If the property loss exceeds two hundred thirty-five thousand dollars ($235,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to two years.
(2) If the property loss
exceeds one million five hundred thousand dollars ($1,500,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to three years.
(3) If the property loss exceeds three million seven hundred thousand dollars ($3,700,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, may impose an additional term of up to four years.
(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, the additional terms provided in this section may be imposed if the aggregate losses to the
victims from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance specified in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts of the taking, damage, or destruction in excess of the amounts provided in this section are charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d) This section applies to, but is not limited to, property taken, damaged, or destroyed in violation of Section 502 or subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s, or 653w.
(e) For the purposes of this section, the term “loss” has the following meanings:
(1) When counterfeit items of computer software are manufactured or possessed for sale, the “loss” from the counterfeiting of those items shall be equivalent to the retail price or fair market value of the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the “loss” from the counterfeiting of those components of computer software packages shall be equivalent to the retail price or fair market value of the number of completed computer software packages that could have been made from those components.
(f) It is the intent of the Legislature that the provisions of this section be reviewed within 10 years to consider the effects of inflation on the additional terms imposed. For this reason, this section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2031, deletes or extends that date.
