BILL NUMBER: SB 543ENROLLED BILL TEXT PASSED THE SENATE MAY 29, 2013 PASSED THE ASSEMBLY SEPTEMBER 9, 2013 AMENDED IN SENATE APRIL 10, 2013 INTRODUCED BY Senator Block (Coauthor: Senator Anderson) FEBRUARY 22, 2013 An act to amend Section 666 of the Penal Code, relating to petty theft. LEGISLATIVE COUNSEL'S DIGEST SB 543, Block. Petty theft: enhancements for prior convictions. Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted 3 or more times of a qualifying offense is subsequently convicted of petty theft is subject to imprisonment in the county jail for up to one year for a misdemeanor, or in the county jail for a felony for 16 months, or 2 or 3 years. Existing law also provides that persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of a qualified offense and who are subsequently convicted of petty theft are subject to imprisonment in a county jail for one year for a misdemeanor or in the state prison for 16 months, or 2 or 3 years for a felony with one prior qualifying offense. This bill would make a conviction for theft, embezzlement, forgery, fraud, or identity theft, as specified, against an elder or dependent adult a qualifying offense for each of the sentencing regimens described above. By expanding 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 666 of the Penal Code is amended to read: 666. (a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (2) This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12. 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.