The bill is positioned as a declaratory amendment to existing law and aims to reinforce the applicability of previous case law, including decisions made by the California Supreme Court and appellate courts. It responds to potential ambiguities regarding the application of Proposition 47, a statewide initiative that reclassified many theft offenses as misdemeanors if the value involved does not exceed $950. By affirmatively stating that this bill does not alter the implications of Proposition 47 but rather clarifies existing contexts under which serious theft offenses can be aggregated, it aims to align law enforcement practices with judicial interpretations.
Assembly Bill 3011, introduced by Assembly Member Chau, aims to amend Section 487 of the Penal Code regarding the aggregation of theft offenses. The bill seeks to clarify that if the value of money, labor, real property, or personal property taken during distinct but related acts exceeds $950, those acts can be aggregated to charge a single count of grand theft, provided that they were motivated by one intention, one general impulse, and one plan. This statute is crucial for cases where thefts occur across multiple incidents or involve multiple victims, ensuring that such thefts can be prosecuted more seriously as grand theft rather than as separate petty thefts when the total amount involved is sufficiently high.
There are notable perspectives concerning AB 3011, particularly regarding how it interacts with Proposition 47. Supporters argue that it is necessary to address organized theft and to provide law enforcement with the tools needed to combat escalating theft offenses in California. Critics, however, may view this as an attempt to undermine the spirit of Proposition 47 which was designed to reduce incarceration for non-violent offenders. The intent behind AB 3011 is to codify existing case law rather than to expand the scope of criminal liability, positioning it as a response to concerns that the statutory definitions might inadvertently benefit those who commit theft in larger schemes.