California Assembly Bill AB316 Amended / Bill

 BILL NUMBER: AB 316AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY MARCH 30, 2011 INTRODUCED BY Assembly Member Carter FEBRUARY 9, 2011 An act to  amend Section 487 of   add Section 487j to  the Penal Code, relating to theft. LEGISLATIVE COUNSEL'S DIGEST AB 316, as amended, Carter. Grand theft: copper materials. Existing law generally provides that grand theft is theft when the money, labor, or real or personal property taken is of a value exceeding $950. Existing law makes the amount threshold of the theft of certain items $250, including theft of farm crops and specified agricultural products. This bill would provide that  grand theft also includes the theft of copper materials exceeding a value of $250   every person who feloniously steals, takes, or carries away copper materials which are of a value exceeding $950 is guilty of grand theft, punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding one year, or imprisonment in the state prison not exceeding 16 months, or 2 or 3 years, or by both that fine and imprisonment  .  Because the bill would change the definition of a crime, 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.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 487j is added to the   Penal Code   , to read:   487j. Every person who feloniously steals, takes, or carries away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, which are of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft. Grand theft of copper shall be punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in a county jail not exceeding one year, or imprisonment in the state prison not exceeding 16 months, or two or three years, or by both that fine and imprisonment.   SECTION. 1.   Section 487 of the Penal Code is amended to read: 487. Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). (3) When copper materials are taken, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, of a value exceeding two hundred fifty dollars ($250). (4) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c) When the property is taken from the person of another. (d) When the property taken is any of the following: (1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig. (2) A firearm.   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.