California Assembly Bill AB150 Latest Draft

 BILL NUMBER: AB 150AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 18, 2015 AMENDED IN ASSEMBLY FEBRUARY 10, 2015 INTRODUCED BY Assembly Members Melendez and Gray  (   Coauthors:   Assembly Members   Travis Allen,   Baker,   Brown,   Chvez,   Dodd,   Beth Gaines,   Gallagher,  Gonzalez,   Jones,   Lackey,   Linder,   Mayes,   Olsen,   Waldron,   and Wilk   )   (   Coauthors:   Senators   Anderson,   Bates,   Huff,   Nielsen,   and Stone   )  JANUARY 15, 2015 An act to amend Sections 490.2 and 496 of the Penal Code, relating to theft. LEGISLATIVE COUNSEL'S DIGEST AB 150, as amended, Melendez. Theft: firearms. (1) Existing law states that the theft of a firearm is grand theft, punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3 years. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, notwithstanding these provisions, instead requires the theft of property that does not exceed $950 to be considered petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would make the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. (2) Under existing law, every person who buys or receives any property that has been stolen, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would make buying or receiving a stolen firearm a misdemeanor or a felony. (3) The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature in submitting this act to the electors finds and declares all of the following: (1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. (2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. (3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms. (b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter's decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. SEC. 2. Section 490.2 of the Penal Code is amended to read: 490.2. (a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining  any  property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950)  shall be considered   is  petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section does not apply to  any   a  theft that may be charged as an infraction pursuant to any other law. (c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. SEC. 3. Section 496 of the Penal Code is amended to read: 496. (a)  (1)    Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense  shall be   is  a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.  A   (2)     A  principal in the actual theft of the property may be convicted pursuant to this section. However,  no person may   a person may not  be convicted both pursuant to this section and of the theft of the same property. (b)  (1)    Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives  any  property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.  Every   (2)     Every  swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives  any  property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c)  Any   A  person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d) Notwithstanding Section 664,  any   an  attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (e) Notwithstanding subdivision (a), every person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. SEC. 4. Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections 1, 2, and 3 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.