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| 1 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2769Introduced by Assembly Member ODonnellFebruary 18, 2022 An act relating to theft. to add Section 459.7 to the Penal Code, relating to burglary.LEGISLATIVE COUNSEL'S DIGESTAB 2769, as amended, ODonnell. Theft: Burglary: freight train cargo.Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail.This bill would make a person who commits burglary with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than $950 dollars of property, punishable by imprisonment in a county jail for a term of 4, 5, or 6 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.Under existing law, a person who enters a railroad car or locked or sealed cargo container with intent to commit larceny or any felony is guilty of burglary.This bill would state the intent of the Legislature to enact legislation to address theft of cargo on freight trains.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 459.7 is added to the Penal Code, to read:459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years.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.SECTION 1.It is the intent of the Legislature to enact legislation to address theft of cargo on freight trains. | |
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| 3 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2769Introduced by Assembly Member ODonnellFebruary 18, 2022 An act relating to theft. to add Section 459.7 to the Penal Code, relating to burglary.LEGISLATIVE COUNSEL'S DIGESTAB 2769, as amended, ODonnell. Theft: Burglary: freight train cargo.Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail.This bill would make a person who commits burglary with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than $950 dollars of property, punishable by imprisonment in a county jail for a term of 4, 5, or 6 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.Under existing law, a person who enters a railroad car or locked or sealed cargo container with intent to commit larceny or any felony is guilty of burglary.This bill would state the intent of the Legislature to enact legislation to address theft of cargo on freight trains.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 04, 2022 | |
| 8 | 7 | Amended IN Assembly March 24, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2769 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member ODonnellFebruary 18, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member ODonnell | |
| 19 | 18 | February 18, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 459.7 to the Penal Code, relating to burglary. | |
| 20 | + | An act relating to theft. to add Section 459.7 to the Penal Code, relating to burglary. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2769, as amended, ODonnell. Burglary: freight train cargo. | |
| 26 | + | AB 2769, as amended, ODonnell. Theft: Burglary: freight train cargo. | |
| 28 | 27 | ||
| 29 | - | Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail.This bill would make a person who commits burglary with regard to a cargo container | |
| 28 | + | Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail.This bill would make a person who commits burglary with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than $950 dollars of property, punishable by imprisonment in a county jail for a term of 4, 5, or 6 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.Under existing law, a person who enters a railroad car or locked or sealed cargo container with intent to commit larceny or any felony is guilty of burglary.This bill would state the intent of the Legislature to enact legislation to address theft of cargo on freight trains. | |
| 30 | 29 | ||
| 31 | 30 | Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. | |
| 32 | 31 | ||
| 33 | - | This bill would make a person who commits burglary with regard to a cargo container | |
| 32 | + | This bill would make a person who commits burglary with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than $950 dollars of property, punishable by imprisonment in a county jail for a term of 4, 5, or 6 years. By creating a new crime, this bill would impose a state-mandated local program. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | 35 | ||
| 37 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 37 | ||
| 38 | + | Under existing law, a person who enters a railroad car or locked or sealed cargo container with intent to commit larceny or any felony is guilty of burglary. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | This bill would state the intent of the Legislature to enact legislation to address theft of cargo on freight trains. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 39 | 46 | ## Digest Key | |
| 40 | 47 | ||
| 41 | 48 | ## Bill Text | |
| 42 | 49 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 459.7 is added to the Penal Code, to read:459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 459.7 is added to the Penal Code, to read:459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years.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.SECTION 1.It is the intent of the Legislature to enact legislation to address theft of cargo on freight trains. | |
| 44 | 51 | ||
| 45 | 52 | The people of the State of California do enact as follows: | |
| 46 | 53 | ||
| 47 | 54 | ## The people of the State of California do enact as follows: | |
| 48 | 55 | ||
| 49 | - | SECTION 1. Section 459.7 is added to the Penal Code, to read:459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 56 | + | SECTION 1. Section 459.7 is added to the Penal Code, to read:459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years. | |
| 50 | 57 | ||
| 51 | 58 | SECTION 1. Section 459.7 is added to the Penal Code, to read: | |
| 52 | 59 | ||
| 53 | 60 | ### SECTION 1. | |
| 54 | 61 | ||
| 55 | - | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 62 | + | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years. | |
| 56 | 63 | ||
| 57 | - | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 64 | + | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years. | |
| 58 | 65 | ||
| 59 | - | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 66 | + | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years. | |
| 60 | 67 | ||
| 61 | 68 | ||
| 62 | 69 | ||
| 63 | - | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container | |
| 70 | + | 459.7. Any person who commits a violation of Section 459 with regard to a cargo container stored on the property of any railroad or mounted rail platform as part of an effort to deliver the contents of that cargo container, and who damages or takes more than nine hundred fifty ($950) dollars of property, shall be punishable by imprisonment in a county jail pursuant to subdivision (h) of Section 1170 for a term of four, five, or six years. | |
| 64 | 71 | ||
| 65 | 72 | 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. | |
| 66 | 73 | ||
| 67 | 74 | 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 | 75 | ||
| 69 | 76 | 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 | 77 | ||
| 71 | 78 | ### SEC. 2. | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | It is the intent of the Legislature to enact legislation to address theft of cargo on freight trains. |