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line 1 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 2 65589.5, upon the public health or safety and there is no feasible line 3 alternative method to satisfactorily mitigate or avoid the adverse line 4 impact. The calculation of the square footage of construction line 5 changes shall not include underground space.
line 6 (C) (i) Objective building standards contained in the California line 7 Building Standards Code (T itle 24 of the California Code of line 8 Regulations), including, b ut not limited to, b uilding plumbing, line 9 electrical, fire, and grading codes, may be applied to all line 10 modification applications that are submitted prior to the first line 11 building permit application. Those standards may be applied to line 12 modification applications submitted after the first building permit line 13 application if agreed to by the development proponent. line 14 (ii) The amendments made to clause (i) by the act that added line 15 clause (i) shall also be retroacti vely applied to modification line 16 applications submitted prior to January 1, 2022. line 17 (4) The local go vernment’s review of a modification request line 18 pursuant to this subdivision shall be strictly limited to determining line 19 whether the modification, including any modification to previously line 20 approved density bonus concessions or w aivers, modify the line 21 development’s consistency with the objective planning standards line 22 and shall not reconsider prior determinations that are not affected line 23 by the modification.
line 24 (h) (1) A local go vernment shall not adopt or impose an y line 25 requirement, including, b ut not limited to, increased fees or line 26 inclusionary housing requirements, that applies to a project solely line 27 or partially on the basis that the project is eligible to recei ve line 28 ministerial or streamlined approval pursuant to this section. line 29 (2) (A) A local go vernment shall issue a subsequent permit line 30 required for a de velopment appro ved under this section if the line 31 application substantially complies with the development as it was line 32 approved pursuant to subdi vision (c). Upon receipt of an line 33 application for a subsequent permit, the local go vernment shall line 34 process the permit without unreasonable delay and shall not impose line 35 any procedure or requirement that is not imposed on projects that line 36 are not approved pursuant to this section. The local government line 37 shall consider the application for subsequent permits based upon line 38 the objective standards specified in an y state or local la ws that line 39 were in ef fect when the original de velopment application w as line 40 submitted, unless the development proponent agrees to a change 99 SB 423 — 33 —
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line 1 in objecti ve standards. Issuance of subsequent permits shall line 2 implement the appro ved development, and re view of the permit line 3 application shall not inhibit, chill, or preclude the de velopment. line 4 For purposes of this paragraph, a “subsequent permit” means a line 5 permit required subsequent to receiving approval under subdivision line 6 (c), and includes, b ut is not limited to, demolition, grading, line 7 encroachment, and building permits and final maps, if necessary. line 8 (B) The amendments made to subparagraph (A) by the act that line 9 added this subparagraph shall also be retroacti vely applied to line 10 subsequent permit applications submitted prior to January 1, 2022. line 11 (3) (A) If a public impro vement is necessary to implement a line 12 development that is subject to the streamlined, ministerial approval line 13 pursuant to this section, including, b ut not limited to, a bic ycle line 14 lane, sidewalk or w alkway, public transit stop, dri veway, street line 15 paving or overlay, a curb or gutter, a modified intersection, a street line 16 sign or street light, landscape or hardscape, an abo ve-ground or line 17 underground utility connection, a w ater line, fire h ydrant, storm line 18 or sanitary sewer connection, retaining wall, and any related work, line 19 and that public improvement is located on land owned by the local line 20 government, to the e xtent that the public impro vement requires line 21 approval from the local go vernment, the local go vernment shall line 22 not exercise its discretion over any approval relating to the public line 23 improvement in a manner that would inhibit, chill, or preclude the line 24 development.
line 25 (B) If an application for a public impro vement described in line 26 subparagraph (A) is submitted to a local go vernment, the local line 27 government shall do all of the following:
line 28 (i) Consider the application based upon any objective standards line 29 specified in an y state or local la ws that were in ef fect when the line 30 original development application was submitted. line 31 (ii) Conduct its review and approval in the same manner as it line 32 would evaluate the public impro vement if required by a project line 33 that is not eligible to recei ve ministerial or streamlined appro val line 34 pursuant to this section.
line 35 (C) If an application for a public impro vement described in line 36 subparagraph (A) is submitted to a local go vernment, the local line 37 government shall not do either of the following:
line 38 (i) Adopt or impose an y requirement that applies to a project line 39 solely or partially on the basis that the project is eligible to receive line 40 ministerial or streamlined approval pursuant to this section. 99 — 34 — SB 423
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line 1 (ii) Unreasonably delay in its consideration, review, or approval line 2 of the application.
line 3 (i) (1) This section shall not affect a development proponent’s line 4 ability to use any alternative streamlined by right permit processing line 5 adopted by a local go vernment, including the pro visions of line 6 subdivision (i) of Section 65583.2.
line 7 (2) This section shall not pre vent a de velopment from also line 8 qualifying as a housing de velopment project entitled to the line 9 protections of Section 65589.5. This paragraph does not constitute line 10 a change in, but is declaratory of, existing law. line 11 (j) The California En vironmental Quality Act (Di vision 13 line 12 (commencing with Section 21000) of the Public Resources Code) line 13 does not apply to actions taken by a state agency, local government, line 14 or the San Francisco Bay Area Rapid Transit District to:
line 15 (1) Lease, con vey, or encumber land o wned by the local line 16 government or the San Francisco Bay Area Rapid Transit District line 17 or to f acilitate the lease, con veyance, or encumbrance of land line 18 owned by the local government, or for the lease of land owned by line 19 the San Francisco Bay Area Rapid Transit District in association line 20 with an eligible TOD project, as defined pursuant to Section line 21 29010.1 of the Public Utilities Code, nor to an y decisions line 22 associated with that lease, or to pro vide financial assistance to a line 23 development that recei ves streamlined appro val pursuant to this line 24 section that is to be used for housing for persons and f amilies of line 25 very low, low, or moderate income, as defined in Section 50093 line 26 of the Health and Safety Code.
line 27 (2) Approve improvements located on land owned by the local line 28 government or the San Francisco Bay Area Rapid Transit District line 29 that are necessary to implement a de velopment that recei ves line 30 streamlined approval pursuant to this section that is to be used for line 31 housing for persons and f amilies of v ery low, low, or moderate line 32 income, as defined in Section 50093 of the Health and Safety Code. line 33 (k) For purposes of establishing the total number of units in a line 34 development under this c hapter, a de velopment or de velopment line 35 project includes both of the following:
line 36 (1) All projects developed on a site , regardless of when those line 37 developments occur.
line 38 (2) All projects developed on sites adjacent to a site developed line 39 pursuant to this chapter if, after January 1, 2023, the adjacent site 99 SB 423 — 35 —
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line 1 had been subdivided fr om the site de veloped pur suant to this line 2 chapter.
line 3 (k)
line 4 (l) For purposes of this section, the follo wing terms ha ve the line 5 following meanings:
line 6 (1) “Affordable housing cost” has the same meaning as set forth line 7 in Section 50052.5 of the Health and Safety Code. line 8 (2) (A) Subject to the qualification provided by subparagraph line 9 (B), subparagraphs (B) and (C), “affordable rent” has the same line 10 meaning as set forth in Section 50053 of the Health and Safety line 11 Code.
line 12 (B) For a development for which an application pursuant to this line 13 section was submitted prior to January 1, 2019, that includes 500 line 14 units or more of housing, and that dedicates 50 percent of the total line 15 number of units, before calculating any density bonus, to housing line 16 affordable to households making at, or belo w, 80 percent of the line 17 area median income, affordable rent for at least 30 percent of these line 18 units shall be set at an affordable rent as defined in subparagraph line 19 (A) and “af fordable rent” for the remainder of these units shall line 20 mean a rent that is consistent with the maximum rent levels for a line 21 housing development that receives an allocation of state or federal line 22 low-income housing tax credits from the California Tax Credit line 23 Allocation Committee.
line 24 (C) For a de velopment that dedicates 100 per cent of units, line 25 exclusive of a manager’s unit or units, to lower income households, line 26 “affordable rent” shall mean a r ent that is consistent with the line 27 maximum rent levels stipulated by the public pr ogram providing line 28 financing for the development.
line 29 (3) “Department” means the Department of Housing and line 30 Community Development.
line 31 (4) “Development proponent” means the developer who submits line 32 an application for streamlined appro val a housing de velopment line 33 project application to a local government under the streamlined, line 34 ministerial review process pursuant to this section. line 35 (5) “Completed entitlements” means a housing de velopment line 36 that has received all the required land use approvals or entitlements line 37 necessary for the issuance of a building permit. line 38 (6) “Health car e e xpenditures” include contrib utions under line 39 Section 401(a), 501(c), or 501(d) of the Internal Re venue Code 99 — 36 — SB 423
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line 1 and payments towar d “medical car e,” as defined in Section line 2 213(d)(1) of the Internal Revenue Code.
line 3 (7) “Housing development project” has the same meaning as line 4 in Section 65589.5.
line 5 (6)
line 6 (8) “Locality” or “local government” means a city, including a line 7 charter city, a county , including a charter county , or a city and line 8 county, including a charter city and county.
line 9 (7) “Moderate income
line 10 (9) “Moderate-income housing units” means housing units with line 11 an af fordable housing cost or af fordable rent for persons and line 12 families of moderate income, as that term is defined in Section line 13 50093 of the Health and Safety Code.
line 14 (10) “Objective planning standards” shall not include standards line 15 in the California Building Standar ds Code (T itle 24 of the line 16 California Code of Regulations), local building codes, fire codes, line 17 noise or dinances, other codes r equiring detailed tec hnical line 18 specifications, studies that are evaluated with subsequent permits, line 19 or other standards that are not reasonably ascertainable by the line 20 local government within the time limits set forth in subdivisions line 21 (c) and (d). Excluded objective planning standar ds include, but line 22 are not limited to, construction lo gistics plans, plumbing plans, line 23 electrical plans, grading, excavation plans, geotechnical studies, line 24 and offsite public improvement plans.
line 25 (8)
line 26 (11) “Production report” means the information reported line 27 pursuant to subparagraph (H) of paragraph (2) of subdi vision (a) line 28 of Section 65400.
line 29 (9)
line 30 (12) “State agenc y” includes e very state office, officer , line 31 department, division, bureau, board, and commission, but does not line 32 include the California State Uni versity or the Uni versity of line 33 California.
line 34 (10) “Subsidized” means units that are price or rent restricted line 35 such that the units are af fordable to households meeting the line 36 definitions of very low and lower income, as defined in Sections line 37 50079.5 and 50105 of the Health and Safety Code. line 38 (11)
line 39 (13) “Reporting period” means either of the following:
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line 1 (A) The first half of the re gional housing needs assessment line 2 cycle.
line 3 (B) The last half of the regional housing needs assessment cycle. line 4 (12)
line 5 (14) “Urban uses” means an y current or former residential, line 6 commercial, public institutional, transit or transportation passenger line 7 facility, or retail use, or any combination of those uses. line 8 (l)
line 9 (m) The department may re view, adopt, amend, and repeal line 10 guidelines to implement uniform standards or criteria that line 11 supplement or clarify the terms, references, or standards set forth line 12 in this section. Any guidelines or terms adopted pursuant to this line 13 subdivision shall not be subject to Chapter 3.5 (commencing with line 14 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 15 Code.
line 16 (m)
line 17 (n) The determination of whether an application for a line 18 development is subject to the streamlined ministerial appro val line 19 process provided by subdivision (c) is not a “project” as defined line 20 in Section 21065 of the Public Resources Code.
line 21 (o) Notwithstanding any law, for purposes of this section and line 22 for development on property owned by or leased to the state , the line 23 Department of General Services may act in the place of a locality line 24 or local government, at the discretion of the department. line 25 (p) The pr ovisions of clause (iii) of subpar agraph (E) of line 26 paragraph (8) of subdivision (a) r elating to health car e line 27 expenditures ar e distinct and se verable fr om the r emaining line 28 provisions of this section. Howe ver, the r emaining portions of line 29 paragraph (8) of subdivision (a) are a material and integral part line 30 of this section and are not severable. If any provision or application line 31 of par agraph (8) of subdivision (a) is held in valid, this entir e line 32 section shall be null and void.
line 33 (n)
line 34 (q) It is the polic y of the state that this section be interpreted line 35 and implemented in a manner to afford the fullest possible weight line 36 to the interest of, and the appro val and pro vision of, increased line 37 housing supply.
line 38 (o) This section shall remain in effect only until January 1, 2026, line 39 and as of that date is repealed.
99 — 38 — SB 423
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line 1 SEC. 3. The Legislature finds and declares that ensuring access line 2 to affordable housing is a matter of state wide concern and is not line 3 a municipal affair as that term is used in Section 5 of Article XI line 4 of the California Constitution. Therefore, Section 2 of this act line 5 amending Section 65913.4 of the Government Code applies to all line 6 cities, including charter cities.
line 7 SEC. 4. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to le vy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act or because costs that may be line 12 incurred by a local agenc y or school district will be incurred line 13 because this act creates a ne w crime or infraction, eliminates a line 14 crime or infraction, or changes the penalty for a crime or infraction, line 15 within the meaning of Section 17556 of the Government Code, or line 16 changes the definition of a crime within the meaning of Section 6 line 17 of Article XIII B of the California Constitution.
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AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
February 17, 2023
An act relating to corrections. to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of P art 2 of , the P enal Code, relating to theft.
legislative counsel’s digest
AB 1708, as amended, Muratsuchi. Corrections: rehabilitati ve programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.
This bill would r efine the definition of shoplifting and would specifically exclude certain of fenses from prosecution as shoplifting , including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.
This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a per son with a prior con viction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
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This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county pr obation department to cr eate a diversion or deferred entry of judgment program pursuant to this section for per sons who commit a theft of fense or r epeat theft of fenses, as specified.
This bill would authorize a city or county pr osecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.
Existing la w requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates re gardless of security level or sentence length.
This bill would express the intent of the Legislature to enact legislation that w ould increase accountability for repeat of fenders through participation in rehabilitative services.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, with the intent to steal retail property or merchandise, where line 7 the value of the property that is taken or intended to be taken does line 8 not exceed nine hundred fifty dollars ($950). Any other entry into line 9 a commercial establishment with intent to commit larcen y is line 10 burglary. Shoplifting shall be punished as a misdemeanor, except line 11 that a person with one or more prior con victions for an of fense 98 — 2 — AB 1708
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line 1 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 2 subdivision (e) of Section 667 or for an of fense requiring line 3 registration pursuant to subdi vision (c) of Section 290 may be line 4 punished pursuant to subdivision (h) of Section 1170. line 5 (b) Any act of shoplifting as defined in subdivision (a) shall be line 6 charged as shoplifting. No person who is charged with shoplifting line 7 may also be charged with burglary or theft of the same property. line 8 (c) This section does not apply to theft of a firearm; forgery, as line 9 described in Chapter 4 (commencing with Section 470); the line 10 unlawful sale , tr ansfer, or con veyance of an access car d in line 11 violation of Section 484e; for gery of an access car d in violation line 12 of Section 484f; the unlawful use of an access card in violation of line 13 Section 484g; theft from an elder or dependent adult in violation line 14 of subdivision (e) of Section 368; r eceiving stolen pr operty in line 15 violation of Section 496; embezzlement, as described in Chapter line 16 6 (commencing with Section 503); identity theft in violation of line 17 Section 530.5; or the theft or unauthorized use of a vehicle in line 18 violation of Section 10851 of the Vehicle Code. line 19 (d) As used in this section, the following terms have the following line 20 meanings:
line 21 (1) “Retail pr operty or mer chandise” means any article , line 22 product, commodity, item, or component intended to be sold in line 23 retail commerce.
line 24 (2) “Value” means the retail value of an item as advertised by line 25 the affected retail establishment, including applicable taxes. line 26 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 27 490.2. (a) Notwithstanding Section 487 or any other provision line 28 of law defining grand theft, obtaining any property by theft where line 29 the value of the money, labor, real or personal property taken does line 30 not exceed nine hundred fifty dollars ($950) shall be considered line 31 petty theft and shall be punished as a misdemeanor , except that line 32 such person may instead be punished pursuant to subdivision (h) line 33 of Section 1170 if that person has one or more prior con victions line 34 for an of fense specified in clause (i v) of subparagraph (C) of line 35 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 36 requiring registration pursuant to subdivision (c) of Section 290. line 37 (b) This section shall not be applicable to any theft that may be line 38 charged as an infraction pursuant to any other provision of law. line 39 (c) This section shall does not apply to theft of a firearm. line 40 firearm; forgery, as described in Chapter 4 (commencing with 98 AB 1708 — 3 —
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line 1 Section 470); the unlawful sale , tr ansfer, or con veyance of an line 2 access card in violation of Section 484e; forgery of an access card line 3 in violation of Section 484f; the unlawful use of an access card in line 4 violation of Section 484g; theft from an elder or dependent adult line 5 in violation of subdivision (e) of Section 368; r eceiving stolen line 6 property in violation of Section 496; embezzlement, as described line 7 in Chapter 6 (commencing with Section 503); identity theft in line 8 violation of Section 530.5; or the theft or unauthorized use of a line 9 vehicle in violation of Section 10851 of the Vehicle Code. line 10 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 11 666.1. (a) (1) Notwithstanding any other law, a person who, line 12 having two or mor e convictions for any of the of fenses listed in line 13 paragraph (2), and who is subsequently convicted of petty theft or line 14 shoplifting, is punishable by imprisonment in the county jail not line 15 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 16 (2) This section applies to the following offenses:
line 17 (A) Petty theft, as described in Section 488.
line 18 (B) Grand theft, as described in Section 487.
line 19 (C) Theft fr om an elder or dependent adult in violation of line 20 subdivision (e) of Section 368.
line 21 (D) The theft or unauthorized use of a vehicle, as described in line 22 Section 10851 of the Vehicle Code.
line 23 (E) Burglary, as described in Section 459.
line 24 (F) Carjacking, as described in Section 215.
line 25 (G) Robbery, as described in Section 211.
line 26 (H) Receiving stolen property, as described in Section 496. line 27 (I) Shoplifting, as described in Section 459.5. line 28 (J) Mail theft, as described in subdivision (e) of Section 530.5. line 29 (b) This section shall not be construed to preclude prosecution line 30 or punishment pursuant to any other law.
line 31 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is line 32 added to Title 6 of Part 2 of the Penal Code, to read:
line 33
line 34 Chapter 2.97. Theft Crimes Diversion
line 35
line 36 1001.98. (a) The city or county prosecuting attorney or county line 37 probation department may cr eate a diver sion program pursuant line 38 to this section for per sons who commit a theft of fense or repeat line 39 theft offenses. The program may be conducted by the prosecuting line 40 attorney’s office or the county probation department. 98 — 4 — AB 1708
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line 1 (b) Except as provided in subdivision (e), this chapter does not line 2 limit the power of the pr osecuting attorney to prosecute theft or line 3 repeat theft.
line 4 (c) If a county creates a diversion or deferred entry of judgment line 5 program for individuals committing theft or repeat theft offenses, line 6 on receipt of a case or at arr aignment, the prosecuting attorney line 7 shall either refer the case to the county pr obation department to line 8 conduct a pr efiling in vestigation r eport to assess the line 9 appropriateness of pr ogram placement or , if the pr osecuting line 10 attorney’s office oper ates the pr ogram, determine if the case is line 11 one that is appr opriate to be r eferred to the pr ogram. In line 12 determining whether to refer a case to the program, the probation line 13 department or pr osecuting attorne y shall consider , b ut is not line 14 limited to, all of the following factors:
line 15 (1) Any prefiling investigation report conducted by the county line 16 probation department or nonprofit contract agency operating the line 17 program that e valuates the individual’ s risk and needs and the line 18 appropriateness of program placement.
line 19 (2) If the per son demonstr ates a willingness to enga ge in line 20 community service, restitution, or other mechanisms to repair the line 21 harm caused by the criminal activity and addr ess the underlying line 22 drivers of the criminal activity.
line 23 (3) If a risk and needs assessment identifies underlying line 24 substance abuse or mental health needs or other drivers of criminal line 25 activity that can be addr essed through the diversion or deferred line 26 entry of judgment program.
line 27 (4) If the person has a violent or serious prior criminal record line 28 or has previously been referred to a diversion program and failed line 29 that program.
line 30 (5) Any r elevant information concerning the efficacy of the line 31 program in r educing the lik elihood of participants committing line 32 future offenses.
line 33 (d) On r eferral of a case to the pr ogram, a notice shall be line 34 provided to the person alleged to have committed the offense with line 35 both of the following information:
line 36 (1) The date by whic h the per son must contact the diver sion line 37 program or deferr ed entry of judgment pr ogram in the manner line 38 designated by the supervising agency.
line 39 (2) A statement of the penalty for the of fense or offenses with line 40 which that person has been charged.
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line 1 (e) The prosecuting attorney may enter into a written agreement line 2 with the person to refrain from, or defer, prosecution on the offense line 3 or offenses on the following conditions:
line 4 (1) Completion of the program requirements such as community line 5 service or courses reasonably required by the prosecuting attorney. line 6 (2) Making adequate r estitution or an appr opriate substitute line 7 for restitution to the victim or victims.
line 8 SEC. 5. This act amends the Safe Neighborhoods and Schools line 9 Act, an initiative statute approved by the voters at the November line 10 4, 2014, statewide general election as Pr oposition 47, and shall line 11 become ef fective only when submitted to and appr oved by the line 12 voters. The Secretary of State shall submit Sections 1, 2, and 3 of line 13 this act for appr oval by the voter s at a state wide election in line 14 accordance with Section 9040 of the Elections Code. line 15 SECTION 1. It is the intent of the Le gislature to enact line 16 legislation that would increase accountability for repeat offenders line 17 through participation in rehabilitative services.
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