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| 1 | + | Amended IN Senate March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 916Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)(Coauthors: Assembly Members Chiu Cervantes, Chiu, Rodriguez, and Ting)January 22, 2018 An act to amend Section 459 of add Section 465 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTSB 916, as amended, Wiener. Burglary of a vehicle. Unlawful entry of a vehicle.Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor. This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a crime, this bill would impose a state-mandated local program.This bill would make entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail for 2, 3, or 4 years. By creating a new 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision.SECTION 1.Section 459 of the Penal Code is amended to read:459.(a)A person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle, as defined by the Vehicle Code, when the doors are locked or forced entry is used, aircraft, as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or a felony is guilty of burglary. (b)For purposes of this chapter, inhabited means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is inhabited if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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| 3 | + | Amended IN Senate March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 916Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)(Coauthors: Assembly Members Chiu Cervantes, Chiu, Rodriguez, and Ting)January 22, 2018 An act to amend Section 459 of add Section 465 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTSB 916, as amended, Wiener. Burglary of a vehicle. Unlawful entry of a vehicle.Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor. This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a crime, this bill would impose a state-mandated local program.This bill would make entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail for 2, 3, or 4 years. By creating a new 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 14, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 02, 2018 | |
| 8 | 7 | Amended IN Senate March 14, 2018 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill No. 916 | |
| 13 | 12 | ||
| 14 | - | Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)( | |
| 13 | + | Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)(Coauthors: Assembly Members Chiu Cervantes, Chiu, Rodriguez, and Ting)January 22, 2018 | |
| 15 | 14 | ||
| 16 | - | Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)( | |
| 15 | + | Introduced by Senator Wiener(Principal coauthor: Assembly Member Arambula)(Coauthors: Assembly Members Chiu Cervantes, Chiu, Rodriguez, and Ting) | |
| 17 | 16 | January 22, 2018 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 465 to the Penal Code, relating to crime. | |
| 18 | + | An act to amend Section 459 of add Section 465 to the Penal Code, relating to crime. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | SB 916, as amended, Wiener. Unlawful entry of a vehicle. | |
| 24 | + | SB 916, as amended, Wiener. Burglary of a vehicle. Unlawful entry of a vehicle. | |
| 26 | 25 | ||
| 27 | - | Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor. This bill would make | |
| 26 | + | Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor. This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a crime, this bill would impose a state-mandated local program.This bill would make entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail for 2, 3, or 4 years. By creating a new 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. | |
| 28 | 27 | ||
| 29 | 28 | Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor. | |
| 30 | 29 | ||
| 31 | - | This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the a county jail for a period not to exceed one year or imprisonment in the a county jail for 2, 3, or 4 years. 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. | |
| 30 | + | This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a crime, this bill would impose a state-mandated local program. | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | ||
| 34 | + | This bill would make entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail for 2, 3, or 4 years. By creating a new crime, this bill would impose a state-mandated local program. | |
| 32 | 35 | ||
| 33 | 36 | 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. | |
| 34 | 37 | ||
| 35 | 38 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 36 | 39 | ||
| 37 | 40 | ## Digest Key | |
| 38 | 41 | ||
| 39 | 42 | ## Bill Text | |
| 40 | 43 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision.SECTION 1.Section 459 of the Penal Code is amended to read:459.(a)A person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle, as defined by the Vehicle Code, when the doors are locked or forced entry is used, aircraft, as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or a felony is guilty of burglary. (b)For purposes of this chapter, inhabited means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is inhabited if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 42 | 45 | ||
| 43 | 46 | The people of the State of California do enact as follows: | |
| 44 | 47 | ||
| 45 | 48 | ## The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | - | SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who | |
| 50 | + | SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision. | |
| 48 | 51 | ||
| 49 | 52 | SECTION 1. Section 465 is added to the Penal Code, to read: | |
| 50 | 53 | ||
| 51 | 54 | ### SECTION 1. | |
| 52 | 55 | ||
| 53 | - | 465. (a) A person who | |
| 56 | + | 465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision. | |
| 54 | 57 | ||
| 55 | - | 465. (a) A person who | |
| 58 | + | 465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision. | |
| 56 | 59 | ||
| 57 | - | 465. (a) A person who | |
| 60 | + | 465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision. | |
| 58 | 61 | ||
| 59 | 62 | ||
| 60 | 63 | ||
| 61 | - | 465. (a) A person who | |
| 64 | + | 465. (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle. | |
| 62 | 65 | ||
| 63 | - | (b) Unlawful entry of a vehicle is punishable by imprisonment in the | |
| 66 | + | (b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170. | |
| 64 | 67 | ||
| 65 | 68 | (c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision. | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | (a)A person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle, as defined by the Vehicle Code, when the doors are locked or forced entry is used, aircraft, as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or a felony is guilty of burglary. | |
| 75 | + | ||
| 76 | + | ||
| 77 | + | ||
| 78 | + | (b)For purposes of this chapter, inhabited means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is inhabited if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises. | |
| 79 | + | ||
| 80 | + | ||
| 66 | 81 | ||
| 67 | 82 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 68 | 83 | ||
| 69 | 84 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 70 | 85 | ||
| 71 | 86 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 72 | 87 | ||
| 73 | 88 | ### SEC. 2. |