Monterey Park City Council
May 22, 2024

CITY COUNCIL OF MONTEREY PARK

THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

SPECIAL CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
Wednesday
May
22, 2024
5:30 p.m.

GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.

The public
may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307- 1359 for reasonable accommodation at least 24 hours before a meeting. Council Chambers are wheelchair accessible.

PUBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.

LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño- Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

Monterey Park City Council Agenda, May 22, 2024 - Page 2

CALL TO ORDER Mayor
FLAG SALUTE Mayor
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

PUBLIC COMMUNICATIONS

STAFF COMMUNICATIONS:
• Public Works Department
• Recreation and Community Services

[1.] PRESENTATION – None.

[2.] OLD BUSINESS – None.

[3.] CONSENT CALENDAR ITEM NOS. 3A-3F

All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

3-A. MONTHLY INVESTMENT REPORT – APRIL 2024
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-B. CONSIDERATION OF A RESOLUTION TO ADOPT GUIDELINES FOR BATCH

BROADBAND PERMIT PROCESSING OF WIRELESS TELECOMMUNICATIONS

FACILITIES
It is recommended that the City Council consider:
(1) Adopting the resolution establishing guidelines for the batch broadband permit processing of wireless telecommunications facilities; or
(2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed Resolution is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations (“CCR”) §§ 15000, et seq .) because it establishes guidelines for batch broadband permit processing of wireless telecommunications facilities, which does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

Monter ey Park City Council Agenda, May 22, 2024 - Page 3 3-C. ESTABLISHING THE SATURN PARK ADVISORY REVIEW COMMITTEE (“SPARC”) It is recommended that the City Council consider:
(1) Establishing the Saturn Park Advisory Review Committee (“SPARC”) initially comprised of Mayor Thomas Wong, Mayor pro tem Vinh Ngo, and Assistant City Manager Diana Garcia; and
(2) Taking such additional, related, action that may be desirable. 3-D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING MAY 18, 2024, AS NATIONAL ASIAN AMERICAN AND PACIFIC

ISLANDER DAY AGAINST BULLYING AND HATE (REQUESTED BY MAYOR WONG) It is recommended that the City Council consider:
(1) Adopting a Resolution declaring May 18, 2024, as National Asian American and Pacific Islander Day Against Bullying and Hate; and
(2) Taking such additional, related, action that may be desirable. 3-E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2024 AS LGBTQ+ PRIDE MONTH (REQUESTED

BY COUNCIL MEMBER LO)
It is recommended that the City Council consider:
(1) Adopting a Resolution recognizing the month of June 2024 as LGBTQ+ pride month; and
(2) Taking such additional,
related, action that may be desirable.
3-F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH OF MAY 2024 AS MISSING

AND MURDERED INDIGENOUS PEOPLE AWARENESS MONTH ( REQUESTED BY

COUNCIL MEMBER LO)
It is recommended that the City Council consider:
(1) Adopting a Resolution declaring and recognizing the month of May 2024 as Missing and Murdered Indigenous People Awareness Month; and
(2) Taking such additional, related, action that may be desirable. [4.] PUBLIC HEARING – None.
[5.] NEW BUSINESS
5-A. DISCUSSION AND DIRECTION REGARDING RETAIL THEFT LEGISLATION It is recommended that the City Council consider:
(1) Discussing and providing direction on multiple bills pending in the California Legislature that would address retail theft;
(2) If desirable, signing a letter on behalf of the City in support of some or all of these bills; and
(3) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, May 22, 2024 - Page 4

5-B. FISCAL YEAR 2024-2025 BUDGET
It is recommended that the City Council consider:
(1) Receiving and filing the Preliminary Budget documentation for Fiscal Year 2024-2025; and (2) Alternatively, take such additional, related, action that may be desirable

Consideration and possible action regarding the Fiscal Year 2024 -2025 Budget. Staff will present a brief overview of policy issues, financial prospect and economic development, challenges/solutions, goals and strategies associated with the budget including, without limitation, the following matters

• City 2024-2025 spending plan overview;
• Proposed staffing changes to reflect efficient core staffing mix; • Proposed capital improvement projects;
• Goals and Objectives presented by all departments.

Council may raise other development, policy, capital project and potential budget adjustment items for consideration as part of the Budget.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

[7.] FUTURE AGENDA ITEMS

[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)

ADJOURN

City Council Staff Report
DATE: May 22, 2 024
AGENDA ITEM NO:

TO: Th
e Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – April 2024
RECOM
MENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

2. Taking such additional, related, action that may be desirable.

EXECUT
IVE SUMMARY:

As of April 30, 2024, invested funds for the City of Monterey Park total $73,297,314.95.

BAC
KGROUND:

In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Inez Alvarez
Interim City Manager
ATTAC
HMENT:

1. Monthly Investment Report
Consent Calendar - 3A

Staff Report
May 22, 2024
ATT
ACHMENT 1
Monthly Investment Report

INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 04/30/2024 73,297,314.95$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 4.050% 31,289,978.57$ (2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 3.670% 14,399,883.85$ (3) CHANDLER ASSET MANAGEMENT 5.00% 20,007,452.53$
Purchase Maturity Interest
(4) CERTIFICATES OF DEPOSIT Date Date Rate
1 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
2 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 3 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
4 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
5 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
6 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
7 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 8 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
9 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
10 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 11 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 12 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 13 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 14 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 15 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 16 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 17 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
18 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 19 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 20 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 21 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
22 WORKERS 01/27/23 01/27/25 4.70% 245,000
23 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 24 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
25 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
26 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
27 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 28 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 29 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000 30 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 31 PREFERRED BANK 09/03/23 09/03/24 4.16% 100,000
32 PREFERRED BANK 09/08/23 09/08/24 4.16% 150,000
Total CDs (32) 3.189% 7,600,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
$25,426,371.97
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 5.922%

THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.

THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
APRIL 30, 2024

City of Monterey Park | Account #11189 | As of April 30, 2024 Execution Time: 05/02/2024 04:25:30 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Average Modified Duration 1.81
Average Coupon 3.76%
Average Purchase YTM 5.00%
Average Market YTM 5.21%
Average Quality AA
Average Final Maturity 2.19
Average Life 2.03
Beg. Values as of
04/01/2024
End Values as of
04/30/2024
Market Value 20,000,477.84 19,907,712.89
Accrued Interest 38,805.44 117,113.17
Total Market Value 20,039,283.28 20,024,826.06
Income Earned 2,001.52 93,200.56
Cont/WD 20,000,000.00 0.00
Par 20,033,712.22 20,236,181.48
Book Value 20,005,007.53 20,007,452.53
Cost Value 20,004,837.25 19,997,229.14
United States 46.46%
Federal Home Loan Banks 8.97%
FHLMC 3.90%
First American Govt Oblig fund 3.44%
Honda Motor Co., Ltd. 2.75%
Farm Credit System 2.49%
American Express Company 1.73%
John Deere Owner Trust 2024 1.54%
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P , Moody’s’ and Fitch

City
Council Staff Report
DATE: May 22, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Consideration of a Resolution to Adopt Guidelines for Batch Broadband Permit Processing of Wireless Telecommunications Facilities RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting the resolution establishing guidelines for the batch broadband permit processing of wireless telecommunications facilities; or

2. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed Resolution is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations (“CCR”) §§ 15000, et seq.) because it establishes guidelines for batch broadband permit processing of wireless telecommunications facilities, which does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review ( see specifically 14 CCR § 15378(b)(4-5)).

EXECUTIVE SUMMARY:

Government Code § 65964.3 requires cities to use “batch broadband permit processing” when they: (1) receive two or more broadband permit applications for “substantially similar broadband project sites;” (2) applications are submitted at the same time; and (3) by the same applicant.

Government Code § 65964.3 defines “substantially similar broadband project sites” as “broadband project sites that are nearly identical in terms of equipment and general design, but not location.” It does not, however, define what the phrase “nearly identical in terms of equipment and general design, but not location” means.

The proposed Resolution would, if adopted, establish guidelines defining what the phrase “nearly identical in terms of equipment and general design, but not location” means.

Consent Calendar - 3B

4867-
9576-3129 v4
Staff Report

May 22, 2024
BACKGROUND:

Existing law generally prevents cities from (1) denying a carrier the ability to provide service either through explicit prohibitions (example: banning new wireless facilities) or through actions that effectively prohibit service; (2) denying wireless applications based on health concerns, such as those expressed about radio frequency emissions; (3) stalling or failing to make a decision within a “shot clock,” a short time frame for a city to review a wireless application; and/or (4) denying a carrier from using the public right-of- way to install their equipment.

The proposed Resolution implements the requirements of Government Code § 65964.3 for batch broad permit processing. The Resolution provides that the City should consider applications for wireless telecommunications facilities as identical in terms of equipment when they require the same permits, are the same class of antennas, and are the same type of wireless facility.
2023-2024 STRATEGIC PLAN GOAL:

This Resolution meets the Strategic Plan Goal to Maintain, Build and Modernize Infrastructure and Facilities to Support the Current and Future Needs of our City and Community by encouraging the development of wireless communications facilities to improve the City’s emergency response infrastructure, internet, and telephone connectivity.

FISCAL IMPACT:

There is no estimated fiscal impact from this Resolution.

Respectfully submitted by: Prepared by:

Jessica Serra
no
Director of Community
Development
Beth Chow, AICP
Planning Man
ager
Approved by: Reviewed by:

Inez Alv arez
City Manager
Ephraim S. Margolin
Deputy City A
ttorney

Staff Report

May 22, 2024
4867-9576-3129 v4
ATTACHMENTS:

1. Draft Resolution of Guidelines for Batch Processing Wireless Telecommunications Facilities

2. Government Code § 65964.3

Staff Report
May 22, 2024
4867-9576-3129 v4
ATTACHMENT 1
Draft Resolution of Guidelines for Batch Processing
Wireless Telecommunications Facilities

RES
OLUTION NO. ____

A RESOLUTION ADOPTING REGULATIONS FOR BATCH

BROADBAND PERMIT PROCESSING OF WIRELESS

TELECOMMUNICATIONS FACILITIES
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds and declares that:

A. Monterey Park Municipal Code (“MPMC”) Chapter 21.34 (Wireless Telecommunications Facilities) regulates wireless facilities in the City but does not provide a procedure to simultaneously process multiple applications for wireless telecommunications facilities by a single applicant.

B. Assembly Bill (“AB”) 965 is codified at Government Code § 65964.3 and requires cities to use “batch broadband permit processing” when they: (1) receive two or more broadband permit applications for “substantially similar broadband project sites;” (2) applications are submitted at the same time; and (3) by the same applicant.

C. Government Code § 65964.3 defines “substantially similar broadband project sites” as “broadband project sites that are nearly identical in terms of equipment and general design, but not location.”
D. AB 965 does not define what the phrase “nearly identical in terms of equipment and general design, but not location” means.

E. It is in the public interest for the City desires to adopt the procedural requirements for processing multiple wireless telecommunication facilities in accordance with Government Code § 65964.3.

SECTION 2: The City Council finds and declares that:

A. The City Manager, or designee, will consider applications under Government Code § 65964.3 for batch broad permit processing if they:

1. Require the same permits;

2. Are the same class of antennas as defined by MPMC Chapter 21.04 (for example: all the applications received are Class 1 facilities.);

3. Applications for wireless facilities under MPMC § 21.34.020 (Wireless Telecommunications Facilities on Private Property) cannot be batched with applications for applications for wireless facilities under MPMC § 21.34.030 (Wireless Telecommunications Facilities in the Public Right-of-Way);

City of Monterey Park
Resolution No. ___

4. Must be in the same type of zoning district;

5. The proposed facilities are within five feet of each other in height/elevation;

6. The proposed facilities have similar power output and operating frequency for any proposed antenna array;

7. Use similar camouflage design techniques as those found in MPMC §§ 21.04.184 and 21.34.040;

8. The City will only process the same type of wireless facilities together (Building and Structure Mounted Installations, Monopole Installations, and Miscellaneous Installations). For example, Building and Structure Mounted Installations with Building and Structure Mounted Installations cannot be batch processed with Monopole Installations or Miscellaneous Installations as defined by MPMC §

21.34.040(D).

9. Use the same material for exterior finishes;

10. Are attached to structures that provide illumination (e.g., signs, light standards, poles) and require no additional illumination except for security and maintenance purposes as determined by the
Community Development Director;

11. Constitute an eligible facilities request in accordance with 47 U.S.C § 1455; and

12. The City will not batch process applications involving a historical structure and a non-historical structure.

SECTION 3: Environmental Review. This resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations (“CCR”) §§ 15000, et seq.) because it establishes guidelines for batch broadband permit processing of wireless telecommunications facilities, which does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this resolution does not constitute a “project” that requires environmental review ( see specifically 14 CCR § 15378(b)(4-5)).

City of Monterey Park
Resolution No. ___

SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 6: The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 8: Reliance On Record . Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK ON THIS __ DAY OF MAY, 2024.

Thomas Wong, Mayor
ATTEST:

Maychelle Yee, City Clerk

City of Monterey Park
Resolution No. ___

APPROVED AS TO FORM:

Karl H. Berger, City Attorney
By:

Ephraim Margolin, Deputy City
Attorney

Staff Report
May 22, 2024
4867-9576-3129 v4
ATTACHMENT 2
Government Code § 65964.3

City Council Staff Report
DATE: May 22, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
SUBJECT: Establishing the Saturn Park Advisory Review Committee (“SPARC”) RECOMMENDATION:

It is recommended that the City Council consider:

1. Establishing the Saturn Park Advisory Review Committee (“SPARC”) initially comprised of Mayor Thomas Wong, Mayor pro tem Vinh Ngo, and Assistant City Manager Diana Garcia; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

On April 9, 2024, the Planning Commission considered future land uses at McCaslin Business Park as contemplated by the Land Use Element (“LUE”) to the General Plan (approved by voters in 2020). A copy of the April 9th staff report is attached for reference.

During a subsequent Planning Commission meeting on April 15, 2024, Planning Commissioners expressed support for various land uses within the McCaslin Business Park to implement the vision expressed in the LUE. Based upon those discussions, it seems prudent for the City to solicit public input to adopt new land use regulations for what the LUE identifies as “Saturn Park.” The LUE was guided by a citizen’s oversight committee identified as the “General Plan Advisory Committee”; it is recommended that the City Council create the “Saturn Park Advisory Review Committee” or “SPARC” as described below.

BACKGROUND:

The general background for the future of Saturn Park is contemplated in the April 9 th Planning Commission staff report. The recommendation is for the SPARC to be initially comprised of the Mayor, the Mayor pro tem (Saturn Park is located in District 5), and the Assistant City Manager. The Mayor and the Mayor pro tem would each appoint two persons from the community to the SPARC so that a total of seven members would serve on the SPARC. The SPARC would be subject to the Brown Act.

The SPARC is intended to oversee a series of meetings that would engage residents, the business community, and other stakeholders in drafting a Saturn Park Specific Plan (“SPSP”) for consideration by the City Council. The SPSP would help implement the LUE by:

Consent Calendar - 3C

Staff Report

May 22, 2024

• Facilitating the coordination and planning of development within Saturn Park. • Attracting investment and business to enhance Saturn Park’s economic vitality. • Improve Saturn Park’s function and appearance
• Most of all, improving the quality of life for residents, business owners, employees, and visitors through neighborhood enhancements and improvements to public spaces.

To accomplish these objectives, the SPARC would provide ongoing and effective input to the City’s Project Team (City staff and consultants) and elected officials. SPARC members would:

• Provide ongoing input that reflects a member’s community knowledge, including reviewing and commenting on major work elements and products. • Help the Project Team gain a broader understanding of public and interest group perspectives.
• Provide suggestions regarding public engagement efforts. • Act as public engagement ambassadors by inviting/encouraging neighbors, friends, business colleagues, to participate in public engagement activities such as festival booths, workshops, etc.

Decision making within the SPARC would be a process that seeks to achieve mutual agreement. “Mutual agreement” does not necessarily mean that all members of the SPARC are equally enthusiastic about the decision or recommendation. It does mean that everyone in the committee is willing to “live with” the agreement even though some individuals might prefer an alternative solution.

The City already engaged a consultant to assist with developing the SPSP; the Community Development Director would serve as the SPARC liaison and secretary.

FISCAL IMPACT:

There is no immediate fiscal impact associated with the establishment of the SPARC.

Respectfully submitted by:

Diana Garcia
Assistant City Manager

Staff Report

May 22, 2024

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. Staff Report and Attachments from April 9, 2024 Planning Commission Meeting

Staff Report
May 22, 2024

ATTACHMENT 1
Staff Report and Attachments from April 9, 2024
Planning Commission Meeting

Staff Report, CUP-23-04
October 10, 2023

Planning Commission Staff Report

DATE: April 9, 2024
AGENDA ITEM NO: 5-A

TO: The Planning Commission
FROM: Jessica Serrano, Director of Community Development SUBJECT: RECEIVE AND FILE - Discussion of Land Use Regulations and future uses at McCaslin Business Park

RECOMMENDATION:

It is recommended that the Planning Commission consider:
(1) Receiving and filing this staff report as background information; and (2) Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

This staff report provides the historical context regarding land use considerations in McCaslin Business Park to be used in discussing future uses of the area.

BACKGROUND:

McCaslin Business Park is named after Lowry B. McCaslin (a former All-American [1929] who played for USC) who owned the area between 1937 and his death in 1995. It was originally a quarry for mining decomposed granite. Mr. McCaslin eventually developed the sand and gravel pit into a 73-acre business and industrial park. Residential neighborhoods adjacent to the Business Park were developed during the years 1947 to 1954.

In 1956, the Monterey Park City Council adopted an ordinance that effectively zoned the gravel operations out of business after persons in the residential neighborhoods complained of noise and dust. Mr. McCaslin succeeded in invalidating these restrictions as unconstitutional (McCaslin v. City of Monterey Park (1958) 163 Cal.App.2d 399). He began building the industrial park in 1970.

In 1996, the City Council adopted a moratorium on the use and storage of certain hazardous materials within the Business Park. This was in response to Alpha Photonics, Inc.’s proposal to include crystal growing operations as part of their electronic s component manufacturing business. The moratorium indicated that:
“an application for a project at 2019 Saturn Street, Monterey Park, located in the McCaslin Industrial Park. The initial building permit application and plans did not disclose the use or storage of hazardous materials on site. The City subsequently became informed that the proposed use will handle and store certain quantities of hazardous materials. The use and storage of hazardous materials can pose a danger to the City and the City began investigating the

Staff Report
April 9, 2024

regulation of the use and storage of these materials. Because of their potential danger, current law provides extensive State and County regulations for the handling and storage of hazardous materials.”
The moratorium was extended throughout 1997 until the City Council placed a proposition onto the 1998 ballot (on December 17, 1997) that was later identified as “Measure D.” Measure D was approved by voters on April 14, 1998 (Ordinance No. 1933 , Attachment 1).

Measure D added the “Office Professional” or “O -P” zone to the Monterey Park Municipal Code (“MPMC”) as Chapter 21.14.

Most recently, the Measure D regulations were publicly discussed in 2018. At that time, the City discovered that the voter approved regulations in MPMC Chapter 21.14 were improperly changed by Ordinance No. 2097 that was adopted in 2013. This apparently oc curred based upon a 2009 internal memorandum from the (then) Community Development Director to the (then) City Manager that asserted the City Council could make changes to MPMC Chapter

21.14 based upon its own authority. Measure D, however, did not delegat e authority to the City Council to make any changes to MPMC Chapter 21.14.

The voter approved zoning restrictions in the Business Park are challenging to businesses wishing to locate to that area (see Attachment 2 , e.g., letter from 2019 regarding 1977 Saturn). Currently, approximately 75% of the available building space is vacant.

Measure JJ was adopted by voters in 2020 (Ordinance No. 2198). Section 3(A) of Measure JJ provides that the City Council may “implement [Measure JJ] including, without limitation, adopting all zoning regulations needed to effectuate [Measure JJ] by ordinance.” Measure JJ designates McCaslin Business Park as “Innovation/Technology” (Land Use Element – Figure LU-3: Land Use Policy Map, Attachment 3). Uses for this designation include research and development; light manufacturing; service commercial; professional offices; entertainment; and breweries/ wineries/distilleries; trade and technical schools; public utilities, and similar uses “per zoning r egulations.” Prohibited uses are warehousing, freight terminals, vehicle storage, and heavy manufacturing.

Respectfully submitted by: Reviewed by:

Jessica Serrano
Director of Community Development
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:

1. Ordinance No. 1933 – Measure D

2. August 14, 2019 Letter - 1977 Saturn

3. Land Use Element - Figure LU-3: Land Use Policy Map

Staff Report
April 9, 2024

ATTACHMENT 1
Ordinance No. 1933 – Measure D

ORDINANCE NO. ----=-1=93=3 __

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MONTEREY PARK, CALIFOMl:A, ADDING CHAPTER 21.14, ENTITLED OFF1CE PROFESSIONAL, TO THE l\IONTEREY PARK l\IUNICIPAL CODE, MODIFYING SECTION 21.7Q.030 OF THE MONTEREY PARK l\IUNICIPAL CODE BY ADDING CERTAIN CONDITIONALLY PER1\UTTED USES IN THE OFFICE PROFESSIONAL ZONE,

APPROVING A GENERAL PLAN AMENDMENT AND APPROVING A
ZONE CHANGE FOR THE AREA COMMONLY KNOl\'N AS
MCCASLIN BUSINESS PARK FROi\1 MANUFACTURING (M) TO
OFFICE PROFESSIONAL (0-P)

THE PEOPLE OF THE CITY OF MONTEREY PARK, CALIFORNIA, DO HEREBY ORDAIN AS FOLLO\VS:

SECTION 1. The People find and determine that a Zone Change pursuant to Title 21 of the Monterey Park Municipal Code (MPMC), to change the zoning designation from M ~ (Manufacturing) to 0-P (Office Professional), and to establish appropriate development regulations for the 0-P zone are in the public interest and consistent with the General Plan.

SECTION 2. The People hereby amend the Monterey Park Municipal Code (MPMC) to establish an 0-P (Office Professional) Zone, by adding Chapter 21.14 thereto to read as follows:

Chapter 21.14
0-P --- Office Professional Zone
Sections:

21.14.010 Purpose

21.14.020 Permitted uses

21.14.030 Prohibited uses

21.14.040 Principal uses

21.14.050 Conditional uses

21.14.060 Standards of development generally

21.14.070 Lots

21.14.080 Yards

21.14.090 Building height

21.14.100 Floor area ratio (FAR)

21.14.110 Off-street Parking

ORDINANCE NO. __ 1_93....;3 __

21.14.120 Required walls

21.14.130 Trash facilities

21.14.140 Buffering and maintenance of landscaping and easements

21.14.150 Compressors, air-conditioning units or similar mechanical equipment

21.14.160 Lighting

21.14.170 Exceptions

21.14.180 Site development plan approval

21.14.190 Limitations on permitted uses

21.14.010 Purpose. In order to provide for the development of integrated professional, office and limited retail areas that exhibit a diversity of business activity from both revenue and service quality standpoints, and which are compatible and responsive to abutting ]and uses, including residential developments, the following regulations shall be applicable to all properties classified in the 0-P zone.

21.14.020 Permitted uses. No person shall use, nor shall any property owner permit the use of ~ any lot classified in any 0-P zone for any use, other than the following as set out in Section

21.14.040 and 21.14.050.

21.14.030 Prohibited uses. All uses not permitted in this chapter shall be prohibited.

21.14.040 Principal uses. The principal uses shall be permitted as follows:

Administrative and professional offices;
Beauty salon or barber shop;
Bookstore;
Cellular phone, telephone and pager store
Coffee shop;
Computer store, sales and service;
Confectionary shop;
Data processing facility;
Delicatessen;
Employment agency;
Financial institutions' corporate offices, no retail banking; ''
General research facility, not involving testing, manufacturing, fabrication or processing or sale of products, nor the use of a hazardous material that has a degree of hazard rating in health, flammability or reactivity of Class 4 as ranked by U.F.C. Standard 79-3 or succeeding standard; Gift shop;
Ice cream parlor;
Import and export offices;
Investment service offices, stock brokers;
Jewelry store, sales and service;
Legal offices;

ORDINANCE NO. __ 1_9_33 __

Mail box and service store;
Medical equipment and supplies, sales and service;
Notary public;
Photocopying and blueprinting;
Public utility customer service office
Real estate offices and title companies;
Restaurant, tearoom and cafe;
Service businesses;
Stationery;
Studio, art, dance, martial arts, photography;
Tax consulting;
Tobacco store;
Travel agency;
Video sales and rentals;

21.14.050 Conditional uses. Conditional uses shall be uses specifically enumerated in Section

21.70.030.

21.14.060 Standards of development generally. All premises in the 0-P zone shall comply with the following s,tandards of dev~lopment as set out in Sections 21.14.070 through 21.14.190.

21.14.070 Lots. (a) Lot area. The minimum lot area of each lot shall be five thousand square feet.
(b) Lot width. The minimum width of each lot shall be fifty feet. (c) Lot depth. The minimum depth of each lot shall be one hundred feet.

21.14.080
(a)
(b)
as follows:
( 1)
depth.

Yards. The following minimum yards shall be required on all lots:

Front yard. No minimum front yard is required.

Side and rear yards. Every lot shall have and maintain minimum side and rear yards \Vhen the side yard is adjacent to a street, the yard shall be at least fifteen feet in (2) When adjacent to a R-zone, the yard shall be no less than fifty feet, plus five feet in depth for each story above one story of building or each ten-foot increment above fifteen feet in height of building on the 0-P zoned lot. \Vhere there is an opening, including but not limited to \vindows, pedestrian doors and roll-up doors, in any building on the 0-P zone facing a yard adjacent to a R-zone, the yard shall be no less than one hundred feet from any opening to the R zoned lot. The yard may be used for parking, excepting a minimum fifteen foot wide area abutting the R-zone which shall be landscaped and maintained in such a condition so as not to violate Section 9.54.010. The required landscaping shall also conform to the standards set forth in Section

21.14.140. When the 0-P zoned lot is separated from a R-zone by an alley, a rear yard setback of forty feet shall be provided, as measured from the centerline of the alley. A minimum three-foot wide landscaped planter shall be installed and maintained along the alley, excepting at any vehicular access driveway.

ORDINANCE NO. __ 1_9_33 __

(3) When adjacent to a commercially-zoned or M zoned lot, no yard is required.

21.14.090 Building height. No building or structure in excess of forty feet or three stories shall be located on any lot. Buildings or structures exceeding the height limits may be permitted upon approval of a conditional use permit.

21.14.100 Floor area ratio (FAR). The floor area ratio shall not exceed 0.5 when the lot is less than ten thousand square feet in area. When the lot is between ten thousand and twenty thousand square feet in area, the floor area ratio shall not exceed 0.65. When the lot is more than twenty thousand square feet in area, the floor area ratio shall not exceed 0.8. The floor area ratio may be increased to a maximum of 1.0 for all lots, upon approval of a conditional use permit.

21.14.110 Off-street parking and loading. Each 0-P zoned lot shall have and maintain off­ street parking and loading facilities as required by Chapter 21.40.

21.14.120 Required walls. Except as otherwise provided in Chapter 21.48, the following standards shall apply: (a) Where any part of the front yard or street side yard of a 0-P zoned lot is used for parking or loading, a masonry wall compatible in color with the commercial building and/or sight-obscuring hedge a minimum of three feet in height shall be erected and maintained within a landscaped area a minimum of three feet in width adjacent to the sidewalk at the front or side yard property line as required by Section 21.40.180. · (b) When any 0-P zoned lot has a common side or rear lot line with any R-zoned property, a six-foot solid decorative masonry or concrete block wall compatible in color with the commercial building shall be constructed and maintained along all such common side or rear lot lines. Where an easement exists, abutting the common property line, the said decorative wall may be constructed along the boundary of the easement on the commercial lot. A minimum three-foot wide landscaped planter with automatic irrigation system shall be placed adjacent to j:.he wall, planted with trees, shrubs, ground cover and vines. Where a parking lot on the 0-P zoned lot abuts a R-zoned lot, the additional parking lot landscaping requirements of Section 21.40.180 shall apply.

21.14.130 Trash facilities. Each 0-P zoned lot shall be provided with fc:.:ilities for the storage and collection of trash as follows:
(a) Any outdoor trash facility shall be enclosed by a minimum five-foot high solid masonry, brick or concrete wall except for the access way which shall be enclosed with solid decorative gates of the same height. ·
(b) Location and size shall be subject to approval by the planner. \\"hen any 0-P zoned lot has a common property line with a R-zoned lot, no trash facility sha!i be located within the required building setback.
(c) Open vehicular and pedestrian access to and from such trash fa(:ility shall be provided.

No parking spaces shall block such access to the trash facility. (d) Trash facilities shall be maintained in a closed manner at all times to prohibit visibility from public rights~of-way or adjacent property.

ORDINANCE NO. __ 1_9_33 __

Notwithstanding any other provision of this title, all existing uses, buildings and structures in the 0-P zone which do not conform to this Section shall provide a fully enclosed trash facility within six months of the effective date of this ordinance unless providing such trash facility will eliminate any existing required off-street parking spaces.

21.14.140 Buffering and maintenance of landscaping and easements. For 0-P zoned lots with side or rear yards that are adjacent to an R zoned lot, the following buffering provisions shall be provided and maintained: ·
(a) Landscaping, irrigation and maintenance plans shall be required and the plans shall be subject to approval of the design review board under the provisions of Chapter 21.72. The plans shall incorporate, but not be limited to, fifteen-gallon minimum trees at time of planting, interspersed shrubs, ground cover, raised earthen berms and automatic sprinkler systems. The City may require the maintenance plan to include a bonafide service agreement with a City licensed landscaping service business. Maintaining an active service agreement on file with the Community Development Department shall be the responsibility of the owner of the subject property or by his authorized agent.
(b) All landscaped areas and easements shall be maintained in good condition, weed and disease free, and in compliance with Chapter 9.54.

Notwithstanding any other provision of this title, all 0-P zoned lots that abut a R zone and do not have landscaping, irrigation and maintenance plans that have been approved by the design review board pursuant to requirementS of Chapter 21.72 shall submit a landscaping, irrigation and maintenance plan for design review board approval within six months of the effective date of this ordinance.

21.14.150 Compressors, air-conditioning units or similar mechanical equipment. Each 0-P zoned lot which has compressors, air-conditioning units or similar mechanical equipment, located on the roof and outside of the exterior walls of any building or structure, shall comply with the following:
(a) All such equipment shall be installed with permanent sound proofing measures, including but not limited to, enclosures, parapet and sound attenuating walls and screens. All such equipment shall comply with noise standards set forth in Chapter 9.53. The location, type and scope of soundproofing measures for such equipment shall be subject to the approval of the Community Development Department.
(b) All such equipment shall be maintained in a clean and proper condition to prevent collection of litter and filth, emissions of dust or fumes, vibration or electrical disturbances.

21.14.160 Lighting. All outdoor lighting shall be located and shielded so as to prevent the direct spillage of light or glare onto adjacent lots and streets.

ORDINANCE NO. _......::1:..;::.9.:::.:33::___

21.14.170 Exceptions. Except as otherwise provided in this section, any use, building or structure which is in existence or for which a permit has been issued, as of the effective date hereof, and which conformed to all zoning regulations of the city then in effect at such time, shall not be rendered nonconforming within the meaning of Chapter 21.68, solely by reason of the application of the development standards as set forth in this chapter; provided that any such existing use, building or structure shall comply with the provisions hereof upon a change in use, or upon use, building or structure expansion or reconstruction, in whole or in part.

21.14.180 Site development plan approval. Prior to the issuance of a building permit or business license for any use, building or structure to be located on any lot, as to which the provisions of this chapter apply, the provisions of Chapter 21.72, with regard to site development plans shall be complied with.

21.14.190 Limitations on permitted uses. Every use permitted in the 0-P zone shall comply with the following:
(a) All uses shall be conducted totally within a completely enclosed building, except for those uses which are customarily conducted in the open, as determined pursuant to Section

21.06.060 or Section 21.74.030. Those uses conducted in the open shall be no closer than one hundred feet to any R zoned lot, except for parking.
(b) No outdoor storage shall be allowed unless the same is enclosed by a view-obscuring fence or wall, provided that no stored material is visible above the fence or wa'tl, that the fence or wall is approved by the Department of Community Development, and that such storage shall be limited to the accessory storage of items sold or utilized in the conduct of a permitted use on the premises. \Vhere the 0-P zoned lot is adjacent to a R zoned lot, no outdoor storage shall be permitted within one hundred feet of a R zoned lot.
(c) No loading and unloading shall be permitted in any required side or rear yard. (d) Where the 0-P zoned lot is adjacent to a R zoned lot, no deliveries of goods and commodities nor loading or unloading shall be conducted during the hours from 10:00 p.m. to 7:00 a.m.
(e ) There shall be no overnight parking of vehicles, except those vehicles used in conjunction with a permitted use.
(f) Driveways may not exceed thirty feet in width or sixty percent of the lot frontage. (g) No use shall be permitted which produces or causes or emits any dust, gas, smoke, glare, noise, fumes, odors, electromagnetic emanations or vibrations which are or may be detrimental to the health, safety, welfare and peace of the city and its residents arid businesses. (h) No use shall be permitted vvhich uses or stores a hazardous material that has a degree of hazard rating in health, flammability or reactivity of Class 4 as ranked by U. F. C. Standard 79- 3 or succeeding standard. A business materials usage and operations form shall be filed with the Community Development Department prior to the approval of a certificate of occupancy.

Notwithstanding any other provision of this title, all 0-P zoned businesses that do not have a business materials usage and operations form on file shall submit a form within six months of the effective date of this ordinance.

ORDINANCE NO. _.....;1=9=33::::....__

(I) No person shall, at any location within the 0-P zone, create nor allow the creation of noise which causes the noise level to exceed the applicable noise standards set forth in Chapter

9.53. Where the 0-P zoned lot is adjacent to a R zoned lot, the noise level at the property line of the R zoned lot shall not exceed the allowable noise level for residential properties.

SECTION 3. The People hereby amend Section 21.70.030 of the Monterey Park Municipal Code (MPMC) by adding the following conditionally permitted uses:

Use Zone in which allowed subject to
Conditional Use Permit
Auditorium, not within 300 feet of a R-zone 0-P
Buildings exceeding height limit . . • . • . . 0-P
Business college (office or medical, dental). 0-P
Child care center,
\..- not within 300 feet of a R-zone . . . . . . . . 0-P Commercial office or service units which are shared by more than one independently owned ~ business enterprise . . . . . . . . . . . . . . . . 0-P Commercial developments of five or more units or with an area of more than one acre, and within '300 feet of a R-zone .......... .'. . . . 0-P
Financial institution (retail banking) . . . . . 0-P
Floor area ratio not to exceed 1.0 . . . . . . . 0-P
Government or public facility, except those owned or operated by the City of Monterey Park . . . . . . . . . . . 0-P
Gymnasium, reducing. salon and health center 0-P
Hotel . . . . . . . . . . . . . . . . . . . . . . . . . 0-P Lot size over an acre . . . . . . . . . . . . . . . 0-P Places of entertainment,
except as otherwise provided in this title . . 0-P
SECTION 4. The People APPROVE General Plan Amendment to change the land use designation in the Land Use Element from Industrial to Commercial for the area set forth in the attached map incorporated herein by this reference, based on the following findings:

1. The proposed General Plan Amendment will protect the health, safety and general welfare of the community as the amendment provides for a land use more compatible with surrounding single family residential development.

2. The proposed General Plan Amendment reflects the conditions of the community and are in keeping with the character of the area. The proposed land use designation of commercial is more compatible than the existing manufacturing designation with the surrounding single family residential areas ..

ORDINANCE NO. __ 19_3_3 __

SECTION 5. The People APPROVE the Zone Change to change the land use classification from M to 0-P for the area set forth in the attached map incorporated herein by this reference.
(1997\0P-.ORD)
APPROVED AND ADOPTED AT THE APRIL 14, 1998,

SPECIAL MUNICIPAL ELECTION IN THE CITY OF MONTEREY PARK REV; llfJ0/97

11.4SA.M.

....... ()
(J) .__,
0 L-

0..

D

Staff Report
April 9, 2024

ATTACHMENT 2
August 14, 2019 Letter - 1977 Saturn

Staff Report
April 9, 2024

ATTACHMENT 3
Land Use Element -
Figure LU-3: Land Use Policy Map

24 LAND USE PLAN | Monterey Park Land Use and Urban Design Element Æ2Æ2Æ2
East Los Angeles College
California State University,
Los Angeles
§¨¦
710
§¨¦
710
@z
@z
§¨¦
10 §¨¦
10 South
San Gabriel
East Los Angeles
El Sereno

CITY OF

ALHAMBRA

CITY OF

MONTEBELLO

CITY OF

ROSEMEAD

CITY OF

LOS ANGELES

CITY OF

SAN GABRIEL

CITY OF

MONTEBELLO

LOS ANGELES
COUNTY
Alhambra Wash
Luguna Channel
Luguna Channel
Garvey Reservoir
Sa
turn S
t
E Rig
gin St
S Wil
cox
Ave
S Orange Ave
Crest Vista
Dr
W Verde Vista Dr
S Bradsha
we Ave
W Elmgate S
t
Bri
ghtwood
St
Jackson Ave
Sheriff Rd
E Grave
s Ave
Del Mar Ave
S Atlantic B
lvd
E 3
rd S
t
S Garfield Ave
S Fremont Ave
W Valley Blvd
Emerson Pl
Hellman Ave
W Floral Dr
E Garvey Av
e
E Emerson Ave
N Montebe
llo Blvd
W Pomo
na Blv
d
N New Ave
N G
arfi
eld A
ve
Monterey
Pass Rd
N Findlay Ave
N Wilcox Ave
S New Ave
W Emerson Ave
Corporate Center Dr
Cesar
E C
have
z Ave
N Param
ount Blvd
E Hellman
Ave
S Mednik Ave
W
Newmar
k Ave
N Mednik Ave
N Atlantic Blvd
W Linc
oln Ave
E Pomona Blvd
S Alhambra AveN Alhambra Ave
Hill Dr
S Almansor St
Findlay Ave
Garvey Ave
Potrero Gran
de Dr
Potrero Gra
nde D
r
W Garvey Ave
N San Gabriel Blvd
S Atlantic Blvd
W Hellman Ave
N Garfield Ave
E Be
verly B
lvd
S Garfield Ave
W Be
verly Blvd
S Atlantic Blvd
W Rig
gin St
° 0 ½1¼
Mile
October 2019
Sources: City of Monterey Park and MIG, 2019.

Resurrection Cemetery
Land Use Designations
Low Density Residential
Medium Density Residential
High Density Residential
Commercial
Mixed Use
Corporate Center
Innovation/Technology
Public Facilities
Open Space
Housing Overlay I
Housing Overlay II
Note: Also see Regulating Plan

LAND USE POLICY MAP
Base Map Features
Monterey Park Boundary
Sphere of Influence Boundary
Metro Gold Line and Stations
Watercourses and Channels
Garvey Reservoir
Æ2
FIGURE LU-3:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING MAY 18, 2024, AS NATIONAL

ASIAN AMERICAN AND PACIFIC ISLANDER DAY AGAINST

BULLYING AND HATE
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. The month of May is Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian American and Pacific Islander (AAPI) Heritage Month.

B. May 18, 2024, would have been Vincent Chin’s 69th birthday. Chin was brutally murdered by two men at the age of 27 in a 1982 hate crime. His murder fueled a national Asian American activist movement that continues to this day.

C. Act To Change, a nonprofit organization working to end bullying for AAPI youth, has rallied the nation to recognize May 18 as the annual AAPI Day Against Bullying and Hate.

D. There has been a rise in bullying, discrimination, and hate crimes against the AAPI community since the start of the COVID-19 pandemic. Nearly 11,500 cases of anti-AAPI violence and hate have been reported and AAPI youth face unprecedented amounts of bullying online and offline.

E. In the AAPI community, this problem is often compounded by cultural, religious, and linguistic barriers that can keep youth from seeking and receiving help. In addition, certain AAPI groups (e.g., South Asian, Muslim, Sikh, Micronesian, LGBTQ+, immigrant, and limited English proficient youth) are more likely to be the targets of bullying.

F. The City of Monterey Park joins Act To Change in sharing one vision: a world where all youth, including AAPI youth, have the opportunity to grow up feeling proud and supported in the development of their identities and sharing of their stories.

G. The City of Monterey Park is committed to this important issue and encourages the public to foster dialogue, share resources, and learn more about what they can do to end bullying.

H. The City Council of Monterey Park honors AANHPI Heritage Month and Vincent Chin and hereby declares May 18, 2024, as National AAPI Day Against Bullying and Hate.

May 22, 2024
Consent Calendar - 3D

SECTION 2: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park, and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 22nd day of May 2024.
________________________________
Thomas Wong, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2024 AS
LGBTQ+ PRIDE MONTH
BE IT
RESOLVED by the Council of the City of Monterey Park as follows:

SECTI
ON 1: The City Council finds as follows:

A. Lesbian, gay, bisexual, transgender, and questioning people are our family, friends, neighbors, and co-w orkers who contribute meaningfully to our community.

B. The fight for dignity, equality, and inclusion for lesbian, gay, bisexual, transgender, and questioning people has been hard-f ought in the streets and the courts
of this country.

C. These fights for inclusion have made much progress toward changing the hearts
and minds of people in many parts of the world.

D. All are welcome in the City of Monterey Park to live, work, play, and every family,
in any shape, deserves a place to call home where they are safe, happy, and supported by
friends and neighbors.

E. The City of Monterey Park denounces prejudice and unfair discrimination based on age,
gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our
fundamental principles.

F. Our community, regardless of sexual orientation, gender identity, and expression,
must feel valued, safe, empowered, and supported by their peers and community
leaders.

G. The City Council of the City of Monterey Park encourages all to observe the month of June as LGBTQ+ Pride Month and urges residents and the community to recognize the contributions made by the LGBTQ+ community a
nd to actively promote the principles of equality, liberty, and justice.

H. The rainbow
flag is an iconic symbol of the LGBTQ+ community and aims t
o celebrate inclusivity, diversity, and unity.

May 22, 2024
Consent Calendar - 3E

Resolution No.

SECTION 2: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 15th day of May 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

Approved as to Form:

__________________________
Karl H. Berger, City Attorney

RESOLUTION NO.

A RESOL

UTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY

PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2024 AS MISSING AND MURDERED INDIGENOUS PEOPLE

AWARENESS MONTH

BE IT R
ESOLVED by the Council of the City of Monterey Park as follows:

SECTIO
N 1: The City Council finds as follows:

A. May is
Missing and Murdered Indigenous People (MMIP) Awareness Month, a time dedicated to raising awareness of the alarming number of Indigenous women, girls, Two -Spirit individuals, and people who have gone missing or have been murdered in the United States.

B. MMIP A
wareness Month seeks to spotlight the often overlooked and marginalized experiences of Indigenous people and their communities, highlighting the urgent need for justice, support, and action to address this ongoing crisis.

C. The epide
mic of MMIP encompasses a wide scope of crimes, including domestic violence which contributes to many homicides among American Indian/Alaska Native females . In some tribal communities , American Indian/Alaska Native women face murder rates that are more than 10 times the national average.

D. For decades
, Indigenous communities have struggled with high rates of abduction, assault, and murder of tribal members. The Centers for Disease Control and Prevention has also reported that homicides are one of the leading causes of death among American Indians/Alaska Natives.

E. MMIP is a c
oncerning issue and in 2020, the U.S. government passed and signed two Acts to help mitigate the crisis . Savanna’s Act was passed to increase U.S. governmental agency coordination to reduce violent crimes within tribal lands and against American Indians/Alaska Natives, and the Not Invisible Act directed the U.S. Department of Justice to review, revise, and develop law enforcement and justice protocols to address MMIP.

F. Accordi
ng to the U.S. Department of the Interior Bureau of Indian Affairs, community advocates have described the crisis as a legacy of generations of government policies of forced removal, land seizures , and violence inflicted on Native peoples. More than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime.

G. MMIP A
wareness Day is also observed every May 5th, honoring the birthday of Hanna Harris, a 21- year-old citizen of the Northern Cheyenne Tribe who went missing and was horrifically murdered in July 2013. Hanna is just one of many May 22, 2024
Consent Calendar - 3F

Resolution No.

MMIP who go missing and murdered every day, and MMIP Awareness Day commemorates the lives of MMIP whose cases are documented and undocumented in public records and the media while drawing attention to the MMIP crisis.

H. Ther
e are still thousands of unsolved cases of MMIP . Many Native families have experienced the pain of having a relative disappear and it is essential to keep the memory of MMIP at the forefront of our discussions as we continue to recognize and raise awareness of this ongoing crisis.

I. Dur
ing MMIP Awareness Month, the City Council of Monterey Park honors the individuals missing and the lives lost. The City Council of Monterey Park expresses condolences to the families of MMIP and stands strong in their commitment to addressing this crisis.

J. Th
e City Council of Monterey Park is committed to advocating for an end to violence and the inequities that catalyze the MMIP crisis. Tribal communities deserve safety and justice and City Council of Monterey Park stands in solidarity with Indigenous activists and advocates who continue to build a safer and more secure community.

K. The
City Council of Monterey Park encourages community members to raise awareness of the issue of MMIP by educating themselves on the ongoing crisis and taking affirmative action through appropriate programs and activities and hereby declares May 2024 as MMIP Awareness Month.

SE
CTION 2: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SE
CTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SE
CTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

Resolution No.

PASSED AND ADOPTED this 22nd day of May 2024.
______
__________________________
Thomas Wong, Mayor
Atte
st:
______
____________________
Maychelle Yee, City Clerk

City Council Staff Report
DATE: May 22, 2024
AGENDA ITEM NO:

TO: The H
onorable Mayor and City Council
FROM: Inez Alvarez, City Manager
SUBJECT: Discussion and Direction Regarding Retail Theft Legislation RECOMMENDATION:

It is recommended that the City Council consider:

1. Discussing and providing direction on multiple bills pending in the California Legislature that would address retail theft;

2. If desirable, signing a letter on behalf of the City in support of some or all of these bills; and

3. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The California Legislature recently introduced several measures intended to strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state by addressing the increase in retail theft. The League of California Cities recently requested that member cities consider supporting these measures. Council may direct staff to draft a letter of support for some or all of the measures listed:

AB 1772 (R
amos) Theft. This bill would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for a theft offense when property was taken from a retail business during the COVID-19 state of emergency.

AB 29
43 (Zbur and Rivas) Crimes: shoplifting. AB 2943 would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, this bill:
• Creates a new crime and penalty for retail theft including shoplifting, theft, or burglary for those who are repeat offenders.
• Allows for the aggregation of certain offenses.
• Increases the terms of probation from 1 year to 2 years. • Clarifies the ability of police to arrest without witnessing the crime. • Extends the sunset date on the organized retail theft statute until 2031.

Reta
il Theft Enforcement and Enhancement Legislation - These bills propose several methods to increase enforcement tools on the front end of the criminal justice system and increase the penalties on the back end. The proposals include increasing ongoing funding of local and statewide enforcement programs, improving law enforcement powers and New Business - 5A

Staff Report

May 22, 2024
arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft.
• AB 1960 (
Soria) Sentencing enhancements: property loss.
• AB 1990 (Carrillo) Criminal procedure arrests.
• AB 2814 (Low) Crimes: unlawful entry: intent to commit package theft. • AB 3209 (Berman) Crimes: theft: retail theft restraining orders. • SB 1242 (Min) Crimes: fires.

Orga
nized Retail Theft Legislation:

These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to help railroad police combat organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft. • AB 1802 (
Jones-Sawyer) Crimes: Organized Theft.
• AB 1972 (Alanis) Regional Property Crimes Task Force. • SB 982 (Wahab) Crimes: organized theft.

Aggr
egation of Retail Theft and Jurisdiction Legislation:

These bills propose several methods of ensuring and clarifying the process of multi - jurisdictional prosecution as well as aggregation of multiple theft incidents with several victims.
• AB 1
779 (Irwin) Theft: jurisdiction.
• AB 1794 (McCarty) Crimes: larceny.

Retai
l Theft Resale of Stolen Goods Legislation:

These bills propose several methods of addressing the resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.
• AB 1845 (
Alanis) Crimes: Grant program for identi fying, apprehending, and prosecuting resale of stolen property.
• SB 1144 (Skinner) Online Marketplaces.
• SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force. • SB 1416 (Newman) Sentencing enhancements: sale, exchange or return of stolen property.

FISC
AL IMPACT:

There is no direct fiscal impact associated with the recommended actions.

Staff Report

May 22, 2024
Respectfully submitted by: Prepared by:

Inez Alvarez
City Manager
Diana Garcia
Assistant City Manager
Reviewed by:

Justin A. Tamayo
Deputy City Attorney
ATTAC
HMENT:

1. League of California Cities Email Regarding Retail Theft Bills

2. Pending legislative bills

ATTACHMENT 1
League of California Cities Email
Regarding Retail Theft Bills
Staff Report
May 22, 2024

TO: City Managers
Addressing organized retail theft and shoplifting is one of Cal Cities’ top priorities in 2024. The Legislature introduced several retail theft measures that would strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state.

Running parallel to these legislative efforts is the potential certification for the November ballot of a measure sponsored by the California District Attorney’s Association to reform Proposition 47. A compromise could be made between the legislature and the proponents prior to the Secretary of State’s deadline to prepare ballot materials. Cal Cities will review this measure once it has officially qualified for the ballot.

Multiple bills are moving through the Legislature that will make statutory changes to address the increase in retail theft. Cal Cities has already taken positions of support or support if amended position on these bills, but it is important for legislators to hear from their cities on this critical issue.

If this is a priority for your council, your city can voice SUPPORT for these bills by submitting a letter.

Summaries and links to sample letters are provided below.

AB 1772 (Ramos) Theft. This bill would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for a theft offense when property was taken from a retail business during the COVID-19 state of emergency.

AB 2943 (Zbur and Rivas) Crimes: shoplifting. AB 2943 would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, this bill:
• Creates a new crime and penalty for retail theft including shoplifting, theft, or burglary for those who are repeat offenders.
• Provides that charges may be filed in multiple jurisdictions. • Allows for the aggregation of certain offenses.
• Increases the terms of probation from 1 year to 2 years. • Clarifies the ability of police to arrest without witnessing the crime. • Extends the sunset date on the organized retail theft statute until 2031.

Retail Theft Enforcement and Enhancement Legislation - These bills propose several methods to increase enforcement tools on the front end of the criminal justice system and increase the penalties on the back end. The proposals include increasing ongoing funding of local and statewide enforcement programs, improving law enforcement powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft.

• AB 1960 (Soria) Sentencing enhancements: property loss. • AB 1990 (Carrillo) Criminal procedure arrests.
• AB 2814 (Low) Crimes: unlawful entry: intent to commit package theft. • AB 3209 (Berman) Crimes: theft: retail theft restraining orders. • SB 1242 (Min) Crimes: fires.

Organized Retail Theft Legislation - These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to help railroad police combat organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft.

• AB 1802 (Jones-Sawyer) Crimes: Organized Theft.
• AB 1972 (Alanis) Regional Property Crimes Task Force. • SB 982 (Wahab) Crimes: organized theft.

Aggregation of Retail Theft and Jurisdiction Legislation - These bills propose several methods of ensuring and clarifying the process of multi-jurisdictional prosecution as well as aggregation of multiple theft incidents with several victims.
• AB 1779 (Irwin) Theft: jurisdiction.
• AB 1794 (McCarty) Crimes: larceny.

Retail Theft Resale of Stolen Goods Legislation - These bills propose several methods of addressing the resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.
• AB 1845 (Alanis) Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.
• SB 1144 (Skinner) Online Marketplaces.
• SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force. • SB 1416 (Newman) Sentencing enhancements: sale, exchange or return of stolen property.

Let me know if you have any questions or feedback.

Thanks, Jennifer
Jennifer Quan
Regional Public Affairs Manager
Executive Director, Los Angeles County Division
League of California Cities
p. 626-786-5142
[email protected] | w ww.calcities.org
Strengthening California Cities
through Advocacy and Education
Twitter │ Facebook │ YouTube │ LinkedIn

ATTACHMENT 2
Pending legislative bills
Staff Report
May 22, 2024

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Date Published: 04/03/2024 09:00 PM
ASSEMBLY BILL NO. 1772
AB-1772 Theft. (2023-2024)
AMENDED IN ASSEMBLY APRIL 03, 2024
AMENDED IN ASSEMBLY FEBRUARY 01, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Members Ramos, Mathis, and Valencia (Coauthors: Assembly Members Alanis, Cervantes, Dixon, Hoover, Lackey, Pacheco, Jim Patterson, Joe Patterson, Rodriguez, Soria, and Ta) (Coauthors: Senators Dodd, Niello, Roth, Seyarto, and Wilk) January 03, 2024
An act to amend Sections 459.5 and 490.2 of, and to add Section 666.1 to, add and repeal Section 502.95 of the Penal Code, relating to theft.

LEGISLATIVE COUNSEL'S DIGEST
AB 1772, as amended, Ramos. Theft.

Existing law makes theft a crime, and distinguishes between grand theft and petty theft. Existing law makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Existing law makes a first conviction for petty theft involving merchandise taken from a merchant’s premises punishable by a mandatory fine and as a misdemeanor.

This bill would require the Department of Justice to determine the number of misdemeanor convictions for a crime of theft for which the property was taken from a retail establishment during the Governor’s declared state of emergency related to the COVID-19 pandemic, and to report that information to the Legislature on or before January 1, 2026.

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. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.

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This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise.

Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

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, and would make conforming changes.

Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.

This bill would state the findings of the Legislature that if the value of property taken exceeds $950 over the course of distinct but related acts, the thefts may properly be aggregated to charge a defendant with grand theft.

This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 502.95 is added to the Penal Code, to read:
502.95. (a) The Department of Justice shall determine the number of misdemeanor convictions for a crime of theft for which the property was taken from a retail establishment during the Governor’s declared state of emergency related to the SARS-CoV-2 (COVID-19) pandemic from March 4, 2020, to February 28, 2023, inclusive.
(b) On or before January 1, 2026, the department shall report to the Legislature the number of convictions determined pursuant to subdivision (a).
(c) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.

SECTION 1.The Legislature finds and declares that pursuant to subdivision (e) of Section 487 of the Penal Code, if the value of property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the thefts may properly be aggregated to charge a defendant with grand theft.

SEC. 2.Section 459.5 of the Penal Code is amended to read:
459.5.(a)Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment while that establishment is open during regular business hours, with the intent to steal retail property or merchandise, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except as follows:
(1)A person with 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 may be punished pursuant to subdivision (h) of Section 1170. (2)A person who meets the requirements of Section 666.1 may be punished pursuant to that section. (b)Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. A person who is charged with shoplifting shall not also be charged with burglary or theft of the same property. (c)As used in this section, the following terms have the following meanings:
(1)“Retail property or merchandise” means any article, product, commodity, item, or component intended to be sold in retail commerce.
(2)“Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes.

SEC. 3.Section 490.2 of the Penal Code is amended to read:
490.2.(a)Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except as follows:
(1)A 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. (2)A person who meets the requirements of Section 666.1 may be punished pursuant to that section. (b)This section does not apply to any theft that may be charged as an infraction pursuant to any other law. (c)This section does not apply to theft of a firearm.

SEC. 4.Section 666.1 is added to the Penal Code, to read:
666.1.(a)(1)Notwithstanding any other law, a person who, having two or more convictions for any of the offenses listed in paragraph (2), and who is subsequently convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170. (2)This section applies to the following offenses:
(A)Petty theft, as described in Section 488.
(B)Grand theft, as described in Section 487.
(C)Theft from an elder or dependent adult in violation of subdivision (e) of Section 368. (D)The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code. (E)Burglary, as described in Section 459.
(F)Carjacking, as described in Section 215.
(G)Robbery, as described in Section 211.
(H)Receiving stolen property, as described in Section 496. (I)Shoplifting, as described in Section 459.5.
(J)Mail theft, as described in subdivision (e) of Section 530.5. (b)This section does not preclude prosecution or punishment pursuant to any other law.

SEC. 5.This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.

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Date Published: 04/11/2024 09:00 PM
ASSEMBLY BILL NO. 2943
AB-2943 Crimes: shoplifting. (2023-2024)
CORRECTED APRIL 15, 2024
AMENDED IN ASSEMBLY APRIL 11, 2024
AMENDED IN ASSEMBLY APRIL 03, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Members Zbur and Robert Rivas
(Principal coauthors: Assembly Members Alanis, Haney, Ortega, Pacheco, Petrie-Norris, and Schiavo)
(Coauthors: Assembly Members Gipson, Lackey, and Rodriguez) (Coauthor: Senator Allen)
February 15, 2024
An act to amend Sections 487, 836, 853.6, and 1001.82 of, and to add Sections 496.6 and 1203g to, the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 2943, as amended, Zbur. Crimes: shoplifting.
(1) Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.

This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that, in determining whether acts are motivated by one intention, one general impulse, and one plan, the court may consider, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 60-day period.
(2) Existing law prohibits the possession or receipt of stolen property, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony, depending on the value of the property and whether the offender has certain prior convictions.

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This bill would make it a crime for any person to possess property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property is not possessed for personal use and the person has intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value, and the value of the possessed property exceeds $950.

The bill would, for the purpose of determining the value of the property, aggregate the property with any other property possessed by the person with that intent within the prior three years and with any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, if that property was also acquired unlawfully. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program. (3) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified.

Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence.

Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise.

Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence.

This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting, as specified.
(4) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrested for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft.

This bill would extend that exemption for organized retail theft until January 1, 2031. (5) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified.

This bill would extend that authorization until January 1, 2031. (6) Existing law authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law authorizes the court to make and enforce the terms of probation for specified theft cases for a period not to exceed 3 years.

This bill would, for an offense of shoplifting or petty theft, authorize the court to make and enforce the terms of probation for a period not to exceed 2 years. The bill would require a court that imposes a term longer than one year to consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense, as specified. By increasing the period of probation, this bill would impose a state-mandated local program.

This bill would also state the intent of the Legislature to enact legislation to ensure that any business or retailer that reports retail crime may not be retaliated against by local law enforcement or local jurisdictions. The bill would state the intent of the Legislature to enact legislation to prevent the sale of unlawfully acquired products by requiring sellers of specified products to maintain a chain of custody of the products to demonstrate their

lawful provenance and by addressing the use of online platforms to advertise and sell unlawfully acquired products. The bill would state the intent of the Legislature to enact legislation to require retail businesses of a certain size to periodically report specified data related to thefts and to strengthen laws to prevent stolen goods from being sold via online marketplaces.
(7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.It is the intent of the Legislature to enact legislation to ensure that any business or retailer that reports retail crime may not be retaliated against by local law enforcement or local jurisdictions by threatening or bringing nuisance actions against them as a result of reporting retail crime alone, nor may fines or fees be sought against them as a result of reporting retail crime alone.

SEC. 2.It is the intent of the Legislature to enact legislation to prevent the sale of unlawfully acquired products by requiring sellers of specified products to maintain chain of custody records of the products to demonstrate their lawful provenance and by addressing the use of online platforms to advertise and sell unlawfully acquired products.

SEC. 3. It is the intent of the Legislature to enact legislation to require retail businesses of a certain size to periodically report specified data related to thefts suffered by the businesses while maintaining protections to ensure that no individual business is identified publicly through the reporting of the data, and to strengthen laws to prevent stolen goods from being sold via online marketplaces.

SEC. 4.SECTION 1. Section 487 of the Penal Code is amended to read:
487. Grand theft is theft committed in any of the following cases:
(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another. (d) When the property taken is any of the following:

(1) An automobile.
(2) A firearm.
(e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including acts committed against multiple victims or in counties other than the county of the current offense, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. In determining whether acts are motivated by one intention, one general impulse, and one plan, the court may consider, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 60-day period.

SEC. 5.

SEC. 2. Section 496.6 is added to the Penal Code, to read:
496.6. (a) Any person who possesses property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, is guilty of the unlawful deprivation of a retail business opportunity when both of the following apply:
(1) The property is not possessed for personal use and the person has the intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value.
(2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with either of the following:
(A) Any other such property possessed by the person with such intent within the prior three years. (B) Any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, when such property was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, regardless of the identity of the person committing the act of shoplifting, theft, or burglary.
(b) For the purpose of determining in any proceeding whether the defendant has the intent to sell, exchange, or return the merchandise for value, the trier of fact may consider any competent evidence, including, but not limited to, the following:
(1) Whether the defendant has in the prior three years sold, exchanged, or returned for value merchandise acquired through shoplifting, theft, or burglary from a retail business, or through any related offense, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code. (2) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one’s immediate family. (c) The criminal deprivation of a retail business opportunity is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170.

SEC. 6.SEC. 3. Section 836 of the Penal Code is amended to read:
836. (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence. (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of their right to make a citizen’s arrest, unless the peace officer makes an

arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. (3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.

(f) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 459.5 when the violation was not committed in the officer’s presence if the officer has probable cause to believe the person committed the violation. The probable cause to make an arrest pursuant to this subdivision shall be based on either of the following:
(1) A sworn statement obtained by the officer from a person who witnessed the person to be arrested committing the alleged violation.
(2) The officer observing video footage that shows the person to be arrested committing the alleged violation.

SEC. 7.SEC. 4. Section 853.6 of the Penal Code, as amended by Section 1 of Chapter 856 of the Statutes of 2022, is amended to read:
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court. (2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision does not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9.
(4) This subdivision shall not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate. (c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer, and the officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution

of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction. (2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so. (3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2). (B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant. (C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that further proceedings shall not be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except when the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that further proceedings not be had in the case. (D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463. (f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary. (h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847. (i) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth in this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall

indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to themselves or to others. (2) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person. (5) The person could not provide satisfactory evidence of personal identification. (6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested. (7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. (8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. (9) There is reason to believe that the person would not appear at the time and place specified in the notice.

The basis for this determination shall be specifically stated. (10) (A) The person was subject to Section 1270.1.
(B) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial. (11) The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous six months.
(12) There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
(j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e). (2) Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or a copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor. (3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court. (4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to

appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 8.SEC. 5. Section 853.6 of the Penal Code, as added by Section 2 of Chapter 856 of the Statutes of 2022, is amended to read:
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, however an officer may first book an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.
(2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9.
(4) This subdivision does not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.

(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate. (c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer. The officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity may not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the person signing the duplicate notice, the arresting officer shall immediately release the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction. (2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so. (3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2). (B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant. (C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. When the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case. (D) Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463. (f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law. (g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification

that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary. (h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847. (i) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to themselves or to others. (2) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person. (5) The person could not provide satisfactory evidence of personal identification. (6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested. (7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. (8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. (9) There is reason to believe that the person would not appear at the time and place specified in the notice.

The basis for this determination shall be specifically stated. (10) (A) The person was subject to Section 1270.1.
(B) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial. (j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e). (2) A person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor. (3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court. (4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured

right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear, or a copy thereof, back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall become operative January 1, 2031.

SEC. 9.SEC. 6. Section 1001.82 of the Penal Code is amended to read:
1001.82. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 10.SEC. 7. Section 1203g is added to the Penal Code, to read:
1203g. (a) Notwithstanding Section 1203a, for a violation of shoplifting, as defined in Section 459.5, or petty theft, as described in Section 488 or 490.2, the court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed two years. (b) If a court imposes a term of probation that exceeds the maximum period of time specified in subdivision (a) of Section 1203a, the court, as a condition of probation, shall consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense. If the court finds that referral to a collaborative court or rehabilitation program is not an appropriate condition of probation, it must state the reasons for its finding on the record. (c) Upon successful completion of the rehabilitation program, as determined by the program provider, or successful participation in the collaborative court, as determined by the collaborative court, the court shall discharge the defendant from probation.
(d) Participation in a collaborative court or a rehabilitation program by the defendant shall not exceed the maximum period of time of probation specified in subdivision (a), except with the consent of the defendant.

SEC. 11.SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ___________________

CORRECTIONS:

Heading—Line 5.
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Date Published: 01/29/2024 09:00 PM
ASSEMBLY BILL NO. 1960
AB-1960 Sentencing enhancements: property loss. (2023-2024) REVISED APRIL 10, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Soria
(Coauthor: Coauthors: Assembly Member Members Alanis, Stephanie Nguyen, Blanca Rubio, and Villapudua)
January 29, 2024
An act to add Section 12022.6 to the Penal Code, relating to sentencing.

LEGISLATIVE COUNSEL'S DIGEST
AB 1960, as introduced, Soria. Sentencing enhancements: property loss.

State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified.

This bill would create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, 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.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 12022.6 is added to the Penal Code, to read:
12022.6. (a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Section 496, the court shall impose an additional and consecutive term Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

of imprisonment as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For each additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In an accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution. ___________________
REVISIONS:

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Date Published: 04/16/2024 09:00 PM
ASSEMBLY BILL NO. 1990
AB-1990 Criminal procedure: arrests: shoplifting. (2023-2024) AMENDED IN ASSEMBLY APRIL 16, 2024
AMENDED IN ASSEMBLY MARCH 18, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Wendy Carrillo
(Principal coauthors: Assembly Members Gipson and Villapudua) (Coauthor: Assembly Member Alanis)(Coauthors: Assembly Members Alanis, Lackey, Stephanie Nguyen, Petrie-Norris, and Rodriguez)
January 30, 2024
An act to amend Sections 836 and 853.6 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST
AB 1990, as amended, Wendy Carrillo. Criminal procedure: arrests: shoplifting. (1) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified.

Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence.

Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise.

Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence.

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This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting.
shoplifting, as specified.
(2) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrest for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft.

This bill would additionally exempt a person arrested for shoplifting from the requirement that they be released on citation.

Vote: majority
Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 836 of the Penal Code is amended to read:
836. (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted by Chapter 4.5 (commencing with Section 830), without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence. (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of their right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A)

the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. (3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.
(f) (1) In addition to the authority to make an arrest without a warrant pursuant to subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 459.5 not committed in the officer’s presence if the officer has reasonable
probable cause to believe that the person to be arrested has committed a violation of Section 459.5.
(2) The probable cause to make an arrest shall be based on a sworn statement obtained by the officer from a person who witnessed the person to be arrested committing the alleged violation.

SEC. 2. Section 853.6 of the Penal Code, as amended by Section 1 of Chapter 856 of the Statutes of 2022, is amended to read:
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court. (2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city

attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision does not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9.
(4) This subdivision shall not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate. (c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer, and the officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction. (2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so. (3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2). (B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant. (C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that further proceedings shall not be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except when the magistrate finds that undue

hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that further proceedings not be had in the case. (D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463. (f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary. (h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847. (i) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth in this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to themselves or to others. (2) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person. (5) The person could not provide satisfactory evidence of personal identification. (6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested. (7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. (8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. (9) There is reason to believe that the person would not appear at the time and place specified in the notice.

The basis for this determination shall be specifically stated. (10) (A) The person was subject to Section 1270.1.
(B) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial. (11) The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous six months.

(12) There is probable cause to believe that the person arrested is guilty of committing a violation of Section 490.4 or 459.5.
(j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e). (2) Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or a copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor. (3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court. (4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3. Section 853.6 of the Penal Code, as added by Section 2 of Chapter 856 of the Statutes of 2022, is amended to read:
853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, however an officer may first book an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant

to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.
(2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9.
(4) This subdivision does not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate. (c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer. The officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity may not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the person signing the duplicate notice, the arresting officer shall immediately release the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction. (2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so. (3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2). (B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.

(C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. When the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case. (D) Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463. (f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law. (g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary. (h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847. (i) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that they could have been a danger to themselves or to others. (2) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(3) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the person. (5) The person could not provide satisfactory evidence of personal identification. (6) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested. (7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. (8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.

(9) There is reason to believe that the person would not appear at the time and place specified in the notice.

The basis for this determination shall be specifically stated. (10) (A) The person was subject to Section 1270.1.
(11) There is probable cause to believe that the person arrested is guilty of committing a violation of Section 459.5.
(B) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial. (j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e). (2) A person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor. (3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court. (4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear, or a copy thereof, back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall become operative January 1, 2026.

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Date Published: 02/15/2024 09:00 PM
ASSEMBLY BILL NO. 2814
AB-2814 Crimes: unlawful entry: intent to commit package theft. (2023-2024) REVISED APRIL 10, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Low
(Coauthor: Assembly Member Lackey)
(Coauthor: Senator Jones)
February 15, 2024
An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 2814, as introduced, Low. Crimes: unlawful entry: intent to commit package theft.

Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.

This bill would prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as either a misdemeanor or a felony, as specified. By creating a new crime, the 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.

The bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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SECTION 1. Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:

CHAPTER 9. Unlawful Entry onto Property
540. (a) A person shall not enter the curtilage of a home with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. (b) A violation of subdivision (a) is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c) For purposes of this section, “curtilage” means an area adjacent to or in the immediate area of the home, and to which the activity of home life extends, including, but not limited to, a porch, doorstep, patio, stoop, driveway, hallway, or enclosed yard.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution. ___________________
REVISIONS:

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Date Published: 04/01/2024 09:12 AM
ASSEMBLY BILL NO. 3209
AB-3209 Crimes: theft: retail theft restraining orders. (2023-2024) REVISED APRIL 10, 2024
AMENDED IN ASSEMBLY APRIL 01, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Members Berman and Robert Rivas February 16, 2024
An act to amend Section 66023.5 of the Education Code, add Section 490.8 to the Penal Code, relating to public postsecondary education. crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 3209, as amended, Berman. Community colleges: Basic Needs Coordinator and Center. Crimes: theft: retail theft restraining orders.

Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense.

This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified.

The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested 2 or more times for any of the offenses at the same retail establishment, as specified.

The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

Existing law requires a person arrested for a misdemeanor to be issued a written notice to appear and to be released upon their signed promise to appear, except as otherwise provided.

This bill would exempt a violation of a retail establishment restraining order from that requirement.

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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.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state.

Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses.

Existing law requires each campus of the California Community Colleges, no later than July 1, 2022, to establish the position of Basic Needs Coordinator to assist students with on- and off-campus housing, food, mental health, and other basic needs services and resources, among other responsibilities, and to establish a Basic Needs Center where basic needs services, resources, and staff are made available to students, as specified. Existing law requires each community college campus to report certain information to the office of the Chancellor of the California Community Colleges related to basic needs services and resources. Existing law requires the chancellor’s office to develop and submit a report to the Governor and the Legislature every year beginning on or before May 1, 2023, based on the data and information received from campuses and information on the use of funds made available to implement these provisions.

This bill would instead require the chancellor’s office to develop and submit the report to the Governor and the Legislature every year on or before June 1, as provided.

Vote: majority Appropriation: no Fiscal Committee: noyes Local Program: noyes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 490.8 is added to the Penal Code, to read:
490.8. (a) A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court.
(b) This section shall apply to a person convicted of any of the following offenses:
(1) Shoplifting in violation of Section 459.5.
(2) Any theft, including a violation of Section 487 or 488, from a retail establishment. (3) Organized retail theft in violation of Section 490.4. (4) Any vandalism of a retail establishment in violation of Section 594. (5) Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245. (c) (1) An order issued pursuant to this section shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to, the retail establishment. (2) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order. (d) In determining whether to impose a retail crime restraining order, the court shall consider whether the retail establishment is the only place that sells food, pharmaceuticals, or other basic life necessities within one mile of where the individual resides, or otherwise creates undue hardship for the individual. (e) (1) A prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment may file a petition requesting a retail crime restraining order for an individual who has been arrested two or more times for any of the offenses listed in subdivision (b) within the same retail establishment. (2) An order issued pursuant to this subdivision shall be issued after a hearing. (3) The respondent shall be personally served with notice of the hearing and shall be entitled to representation by court-appointed counsel.

(4) The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(5) The court may issue an order restraining the respondent from entering the premises of the retail establishment for a period not to exceed two years if the court finds by a preponderance of the evidence that both of the following are true:
(A) The respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof. (B) There is a substantial likelihood that the individual will return to the retail establishment. (6) (A) An order issued pursuant to this subdivision shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to, the retail establishment. (B) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order. (f) A violation of an order issued pursuant to this section is punishable as a misdemeanor. Declarative of existing law, prosecution under this section shall not preclude prosecution for any other offenses committed during a violation of this section.
(g) Notwithstanding Section 853.6, an officer arresting a person for a violation of this section is not required to release the person pursuant to a written notice to appear. (h) Declarative of existing law, a court may offer an individual charged with a violation of this section an opportunity to participate in a diversion program for which they are eligible, including those described in Title 6 (commencing with Section 976) of Part 2.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

SECTION 1.Section 66023.5 of the Education Code is amended to read:
66023.5.(a)As used in this section:
(1)“Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare, and mental health services and resources. (2)“Coordinator” means a basic needs coordinator established pursuant to this section. (b)Each campus of the California Community Colleges shall do all of the following:
(1)No later than July 1, 2022, establish the position of the Basic Needs Coordinator, and designate a staff person as the Basic Needs Coordinator to serve as the single point of contact for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of all on- and off- campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students. (2)(A)No later than July 1, 2022, establish a Basic Needs Center, which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on- campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center.

(B)Each Basic Needs Center shall help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Food Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. Each Basic Needs Center shall coordinate with their campus financial aid department or financial aid office. This section shall not be construed to require or encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office. The funding made available by the Budget Act of 2021 to implement this section, or any subsequent Budget Act or statute to implement this section, shall not be used to combine or colocate the Basic Needs Center with the financial aid department or financial aid office and shall not be used for the administration of student financial aid programs, including staffing. Each Basic Needs Center shall connect students to the financial aid department or financial aid office as appropriate to ensure that students are receiving all available financial aid. Each Basic Needs Center shall coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus. Basic Needs Centers shall be authorized to provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term.
(C)Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills only part of the requirements of this section, basic needs services and resources shall be expanded as needed to satisfy all the requirements of this section. (3)(A)No later than February 1, 2022, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists all on- and off-campus basic needs services and resources that includes, but is not necessarily limited to, all of the following:
(i)The description of the service or resource.
(ii)The location of where the service or resource is provided. (iii)The point of contact for the service or resource, including a name, telephone number, and email address. (iv)Any eligibility restrictions on accessing the service or resource. (B)Provide the document to students as a part of campus orientations in either electronic format or paper form. (C)Provide to faculty the online link to the electronic format of the document, the location of the Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi.
(D)To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter.
(4)No later than February 1, 2022, streamline the application and intake process for on-campus basic needs services and resources to minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources. (5)No later than February 1, 2022, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health.

Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center.
(6)No later than February 1, 2022, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on both the internet website of the campus via the student basic needs

tab and the internet website-based student account associated with a student’s attendance at the institution.

Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. (c)(1)Each campus of the California Community Colleges shall report to the office of the Chancellor of the California Community Colleges information that shall include, but not necessarily be limited to, all of the following:
(A)The description and number of basic needs services and resources, broken down by category. (B)The number of students served by the basic needs services and resources. (C)The socioeconomic and demographic backgrounds of these students. (D)Challenges and best practices in the implementation of the basic needs services and resources. (E)Whether students who used the basic needs services and resources remained enrolled or graduated from a campus maintained by the district.
(F)The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the previous year who received CalFresh benefits. (G)Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement. (2)The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable.
(d)The office of the Chancellor of the California Community Colleges shall develop and submit to the Governor and the Legislature every year beginning on or before June 1, 2023, a report based on the data and information reported by campuses pursuant to subdivision (c) and information on the use of funds made available to implement this section.
___________________
REVISIONS:

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Date Published: 03/19/2024 09:00 PM
SENATE BILL NO. 1242
SB-1242 Crimes: fires. (2023-2024)
AMENDED IN SENATE MARCH 19, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator McGuire Min
February 15, 2024
An act to amend Section 6250 452 of the Penal Code, relating to rehabilitation. crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 1242, as amended, McGuire Min. Community correctional facilities. Crimes: fires.

Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony.

This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft. By increasing the punishment for a 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.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate community correctional facilities, with the primary purpose of providing housing, supervision, counseling, and other correctional programs for persons committed to the department. Within 30 days of designating a site as a community correctional center, existing law requires the department to notify the county board of supervisors or city council in whose jurisdiction the center may be located. Existing law authorizes the notice to be delivered by hand, or sent by any form of mail requiring a return receipt.

This bill would additionally authorize notice by email.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: noyes Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 452 of the Penal Code is amended to read:
452. A person is guilty of unlawfully causing a fire when he they recklessly sets fire to or burns or causes set fire to, burn, or cause to be burned, any structure, forest land land, or property. (a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine. (c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned his their own personal property unless there is injury to another person or to another person’s structure, forest land land, or property. (e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined.
(f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

SECTION 1.Section 6250 of the Penal Code is amended to read:
6250.(a)The Secretary of the Department of Corrections and Rehabilitation may establish and operate facilities to be known as community correctional centers. The secretary may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers. (b)No later than 30 days after the department has designated a site as a potential site, the secretary shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first.

Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate.

Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision.
(c)The notice referred to in subdivision (b) may be delivered by hand, by any form of mail requiring a return

receipt, or by email. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council.
(d)The Secretary of the Department of Corrections and Rehabilitation shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the secretary has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity.

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Date Published: 04/01/2024 09:00 PM
ASSEMBLY BILL NO. 1802
AB-1802 Crimes: organized theft. (2023-2024)
REVISED APRIL 10, 2024
AMENDED IN ASSEMBLY APRIL 01, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Jones-Sawyer
(Coauthors: Assembly Members Cervantes, Lackey, and McKinnor) January 08, 2024
An act to amend Sections 490.4 and 13899.1 of Section 490.4 of, and to repeal Section 13899.1 of, the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 1802, as amended, Jones-Sawyer. Crimes: organized theft.

Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft.

This bill would extend the operation of the crime of organized retail theft until January 1, 2031. indefinitely. By
extending the operation of an existing crime, this bill would create a state-mandated local program.

Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.

The bill would extend the operation of the regional property crimes task force until January 1, 2031. indefinitely.

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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 490.4 of the Penal Code is amended to read:
490.4. (a) A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1) Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. (2) Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen. (3) Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. (4) Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise. (b) Organized retail theft is punishable as follows:
(1) If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2) Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year. (3) A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (c) For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1) The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act.
(2) That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft. (3) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale. (d) In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e) Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.
(f)
This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2.Section 13899.1 of the Penal Code is amended to read:
13899.1.This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2. Section 13899.1 of the Penal Code is repealed.
13899.1.This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution. ___________________
REVISIONS:

Heading—Line 2.
___________________

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Date Published: 04/11/2024 09:00 PM
ASSEMBLY BILL NO. 1972
AB-1972 Regional property crimes task force. (2023-2024) AMENDED IN ASSEMBLY APRIL 11, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Alanis
(Principal coauthor: Assembly Member Vince Fong)
(Coauthors: Assembly Members Juan Carrillo, Megan Dahle, Davies, Hoover, Lackey, Villapudua, Wallis, and Zbur)
(Coauthors: Senators Alvarado-Gil, Bradford, Newman, and Wilk) January 30, 2024
An act to amend Section 490.4 13899 of the Penal Code, relating to theft.

LEGISLATIVE COUNSEL'S DIGEST
AB 1972, as amended, Alanis. Organized retail theft: cargo. Regional property crimes task force.

Existing law authorizes the Governor to appoint and commission individuals designated by a railroad company to serve as police officers. Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.

This bill would require the task force to assist railroad police and would specify cargo theft as a property crime for consideration by the regional property crimes task force.

Existing law makes a person guilty of organized retail theft if, among other things, the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. Under existing law, these crimes are punishable as either misdemeanors or felonies, as specified.

This bill would expand that crime to include merchandise stolen from a merchant’s cargo. By expanding the scope of a crime, this bill would create 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yesno THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 13899 of the Penal Code is amended to read:
13899. The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement and railroad police, as described in Section 8226 of the Public Utilities Code, in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft, cargo theft, vehicle burglary, and theft of vehicle parts and accessories. The task force shall provide local law enforcement and railroad police in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.

SECTION 1.

Section 490.4 of the Penal Code is amended to read:
490.4.(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises, cargo, or online marketplace with the intent to sell, exchange, or return the merchandise for value. (2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen. (3)Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. (4)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise. (b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (2)Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year. (3)A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (c)For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act. (2)That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft. (3)The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale. (d)In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.

(e)Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed. (f)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

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Date Published: 03/05/2024 09:00 PM
SENATE BILL NO. 982
SB-982 Crimes: organized theft. (2023-2024)
AMENDED IN SENATE MARCH 05, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Wahab Senators Wahab and Niello
(Coauthors: Senators Alvarado-Gil, Bradford, Newman, Rubio, and Wilk) (Coauthors: Assembly Members Dixon, Hoover, Lackey, and Wallis) January 29, 2024
An act to amend Section 490.4 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 982, as amended, Wahab. Crimes: organized theft.

Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft.

This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing 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.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 490.4 of the Penal Code is amended to read:

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490.4. (a) A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1) Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. (2) Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen. (3) Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. (4) Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise. (b) Organized retail theft is punishable as follows:
(1) If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2) Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year. (3) A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (c) For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1) The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act.
(2) That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft. (3) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption consumption, and the property is intended for resale. (d) In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e) Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

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Date Published: 04/25/2024 09:00 PM
ASSEMBLY BILL NO. 1779
AB-1779 Theft: jurisdiction. (2023-2024)
AMENDED IN ASSEMBLY APRIL 25, 2024
AMENDED IN ASSEMBLY MARCH 11, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Irwin
(Principal coauthors: Assembly Members Cervantes and Petrie-Norris) (Coauthors: Assembly Members Alanis, Juan Carrillo, Dixon, Flora, Gipson, Hoover, Lackey, Stephanie Nguyen, Pacheco, Ramos, Rodriguez, Villapudua, Wallis, and Zbur) (Coauthors: Senators Alvarado-Gil, Newman, Niello, and Wilk) January 03, 2024
An act to amend Section 786.5 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 1779, as amended, Irwin. Theft: jurisdiction.

Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General.

This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General, the bill would require the prosecution to present written evidence in the jurisdiction of the proposed trial that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction.

This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. The bill would require the prosecution to present written evidence at the hearing that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction.

Vote: majority
Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 786.5 of the Penal Code is amended to read:
786.5. (a) The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496. (b) The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses.
offenses, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496. In the jurisdiction of a proposed trial, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction.

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Date Published: 04/11/2024 09:00 PM
ASSEMBLY BILL NO. 1794
AB-1794 Crimes: larceny. (2023-2024)
AMENDED IN ASSEMBLY APRIL 11, 2024
AMENDED IN ASSEMBLY APRIL 01, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Members McCarty and Friedman
(Coauthors: Assembly Members Alanis and Lackey)
January 04, 2024
An act to amend Section 487 of, and to add and repeal Section 746 of, to, the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 1794, as amended, McCarty. Crimes: larceny.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.

Under existing law, if the value of all property taken over the course of distinct but related acts motivated by one intention, general impulse, and plan exceeds $950, those values may be aggregated into a single charge of grand theft.

This bill would clarify that those values may be aggregated even though the thefts occurred in different places or from different victims. The bill would also, declarative of existing law, provide that circumstantial evidence may be used to prove that multiple thefts were motivated by one intention, general impulse, and plan.

The bill would, until January 1, 2030,
would also authorize counties to operate a program to allow retailers to submit details of alleged shoplifting shoplifting, organized retail theft, or grand theft directly to the county district attorney through an online portal on the district attorney’s internet website. The bill would require counties that Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

participate in the program to conduct an evaluation and collect specified information, and to report that information to the Department of Justice, Assembly and Senate Public Safety Committees and the Board of State and Community Corrections, as specified.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 487 of the Penal Code is amended to read:
487. Grand theft is theft committed in any of the following cases:
(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another. (d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
(e) (1) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including takings from multiple places or multiple victims, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. (2) Circumstantial evidence may be used to determine whether multiple takings are committed pursuant to one intention, general impulse, and plan. The following types of evidence are relevant, but not exclusive, in determining whether a defendant acted with a single intent, impulse, and plan in committing a series of thefts:
(A) Whether the defendant took particular items of property. (B) Whether the defendant took the property within a short time span or similar location. (C) Whether the defendant employed a single method to take the property.

SEC. 2. Section 746 is added to the Penal Code, to read:
746. (a) Counties The CAL-Fast Pass Program is hereby created. (b) Counties may operate a program to allow retail stores to submit investigative reports to prosecutors for the prosecutors to determine whether to file charges for retail theft. The program shall allow retailers to submit details of alleged shoplifting
shoplifting, organized retail theft, or grand theft directly to the county district

attorney through an online portal on the district attorney’s internet website. The district attorney may use these submissions to determine whether further investigation is necessary and whether to file charges. (c) Counties that establish a CAL-Fast Pass program may apply for funding under the Organized Retail Theft Prevention Grant Program, established pursuant to Item 5227-117-0001 of Section 2.00 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022), and the Organized Retail Theft Vertical Prosecution Grant Program, administered by the Board of State and Community Corrections and established pursuant to Item 5227-118- 0001 of Section 2.00 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022), to fund the program. (b)
(d) Each county that operates a program pursuant to this section shall establish criteria on the types of cases they may investigate. The cases the program may investigate shall include, but not be limited to, cases that meet any of the following criteria:
(1) A five-hundred-dollar ($500) minimum value of stolen property, or the defendant was acting in concert or committing repeated thefts. property.
(2) The defendant was acting in concert with others or committing repeated thefts. (2)
(3) The theft was a felony offense.
(3)
(4) The case involves threats of violence.
(4)
(5) There is video evidence of the theft.
(5)
(6) There is a positive identification of the suspect.
(c)
(e) (1) A county that establishes a program pursuant to this section shall conduct an annual evaluation of the pilot program’s impact and effectiveness in their county. The evaluation shall include, but not be limited to, evaluating the pilot program’s impact on overall retail theft countywide, if any, and its effectiveness with respect to theft reports investigated by the county district attorney’s office. (2) Counties may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of conducting the evaluation and preparing the report pursuant to this subdivision.
(3) Counties establishing a program pursuant to this section shall submit an annual report to the Department of Justice Assembly and Senate Public Safety Committees and the Board of State and Community Corrections on December 31 each year, starting on December 31, 2026. The report shall include, but not be limited to, all of the following:
(A) The number of theft reports from retailers to the county district attorney’s office. (B) The number of theft reports investigated by the county district attorney’s office. (C) The number of criminal charges filed by the county district attorney’s office in response to the theft reports.
(D) The conviction rates and jail or prison time sentenced by the judge or jury in response to the theft reports.
(E) The report based on the evaluation conducted pursuant to paragraph (1). (d)This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2030, deletes or extends that date.

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Date Published: 02/21/2024 09:00 PM
ASSEMBLY BILL NO. 1845
AB-1845 Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen propert REVISED APRIL 10, 2024
AMENDED IN ASSEMBLY FEBRUARY 21, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Alanis Members Alanis, Davies, and Hoover (Coauthor: Assembly Member Zbur)
January 17, 2024
An act to add and repeal Article 8 (commencing with Section 6049) of Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
AB 1845, as amended, Alanis. Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.

Existing law, as amended by the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by voters at the November 4, 2014, statewide general election, makes it a crime to buy, receive, conceal, sell, or withhold any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing that the property has been so obtained. Under existing law, this offense is punishable as either a misdemeanor or a felony, unless the value of the property does not exceed $950, in which case an offense is punishable as a misdemeanor.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, as specified. Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program.

This bill would, until January 1, 2030, create the Identifying, Apprehending, and Prosecuting Resale of Stolen Property Grant Program to be administered by the board. The bill would require the board to award grants, on a competitive basis, to county district attorneys’ offices and law enforcement agencies, acting jointly to investigate and prosecute receiving stolen goods crimes and criminal profiteering. The bill would require the board to prepare and submit a report to the Legislature, as specified, regarding the impact of the grant program. The bill’s provisions would be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. (a) California has devoted resources to combatting vehicle theft and organized retail theft, including $80,000,000 per year in grants to law enforcement agencies to prevent and respond to organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft and $10,000,000 per year for vertical prosecution of organized retail theft.

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(b) More needs to be done to target the black markets and organized crime organizations that profit from the acquisition and sale of stolen goods. Catalytic converter theft is widespread. They are melted down for the valuable metals that they contain, and the metals resold. Stolen luxury goods, and even mundane products, are sold online or in public venues. (c) In order to reduce the state’s high levels of theft, organized retail theft, theft of vehicle parts and components, and vehicle theft, we must target the black markets that provide an incentive for thieves, who steal not merely for personal use and consumption but for resale of the stolen goods.
(d) Investigating and prosecuting the criminal networks that acquire stolen goods from thieves is are challenging and labor intensive and requires require additional financial resources. (e) It is the intent of the Legislature to provide additional funding to local prosecutors and law enforcement agencies to target the criminal operations that create a market for theft.

SEC. 2.

Article 8 (commencing with Section 6049) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:

Article 8. Identifying, Apprehending, and Prosecuting Resale of Stolen Property Grant Program 6049. For purposes of this article, the following terms have the following meanings:
(a) “Criminal profiteering” has the same meaning as specified in Section 186.2 where the pattern of criminal profiteering activity is based on a violation of paragraph (13) of subdivision (a) of that section. (b) “Law enforcement agency” means a police department of a city or city and county and a county sheriff’s department. (c) “Receiving stolen goods crimes” means a violation of Sections 496, 496a, 496d, and 496e, Section 21610 of the Business and Professions Code, and Section 11500 of the Vehicle Code. 6049.1. (a) The Identifying, Apprehending, and Prosecuting Resale of Stolen Property Grant Program is hereby created and shall be administered by the Board of State and Community Corrections. (b) The board shall award grants, on a competitive basis, to county district attorneys’ offices and law enforcement agencies as authorized by this article. The board shall establish minimum standards, funding schedules, and procedures for awarding grants.

In order to be eligible for a grant pursuant to this article, an application shall meet all of the following criteria:
(1) Be a joint application by a county district attorney’s office and one or more law enforcement agencies located within that county. Multicounty applications may be submitted by two or more county district attorneys’ offices and two or more law enforcement agencies located within those counties.
(2) The applicant district attorney or district attorneys shall agree to use grant funds to prosecute receiving stolen goods crimes and criminal profiteering. District attorneys awarded grant funds shall do all of the following:
(A) Employ a vertical prosecution methodology for receiving stolen goods crimes. (B) Dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of receiving stolen goods crimes. (C) Provide the board with annual data on the number of receiving stolen goods cases filed by that county, the number of receiving stolen goods convictions obtained, and the sentences imposed for those convicted of receiving stolen goods crimes in that county. For multicounty grants, data for each county awarded funds shall be provided. (D) Funding received by district attorneys’ offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(3) The applicant law enforcement agency or agencies shall agree to use grant funds to identify and arrest offenders guilty of receiving stolen goods crimes. Grant funds may be used for officer salaries and overtime for training and equipment appropriate for the investigation of receiving stolen property crimes. Each law enforcement agency receiving grant funds shall do both of the following:
(A) Provide the board with annual data on the number of receiving stolen goods crimes investigated by that agency, the number of receiving stolen goods crimes investigations, and the number of arrests made. For multicounty grants, data for each county awarded funds shall be provided.
(B) Funding received by law enforcement agencies pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(4) Applications shall include a proposed allocation of funding between the applicant county’s or counties’ district attorneys’ offices and the applicant law enforcement agencies. This may either include dollar allocations or a percentage distribution of any funds received pursuant to the grant.
(5) A law enforcement agency that received funding pursuant to the Organized Retail Theft Prevention Grant Program and a district attorney that received funding under the Organized Retail Theft Vertical Prosecution Grant Program may receive additional funding pursuant to this article. The board shall not require applicants to have received funds pursuant to one or more of those programs in order to be eligible for a grant award pursuant to this article.

(6) A law enforcement agency receiving funding pursuant to this article shall share relevant intelligence data obtained in the course of investigations pursuant to this program with agencies receiving funds under the Organized Retail Theft Prevention Grant Program and with the Department of the California Highway Patrol. (7) Grantees receiving funds under this article shall consult with other grant recipients to discuss and exchange best practices for the investigation, arrest, and prosecution of receiving stolen property crimes. (8) All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations. (9) An applicant shall submit a proposal, in a form prescribed by the board, that shall include, but not be limited to, all of the following:
(A) Data demonstrating the nature and scale of the specific crime problem that the applicant proposes to address using grant funds.
(B) Clearly defined and measurable objectives for the grant. (C) A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans to coordinate or collaborate with other entities, such as public agencies, community organizations, retailers, or representatives of crime victims organizations.
(D) A discussion of how the applicant plans to sustain the proposed activities once grant funds expire or an explanation of why the proposed activities are limited term in nature. (E) A description of existing or proposed policies to limit racial bias in utilizing these funds. (F) If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data stored. (G) How the funding will be used to facilitate collaboration with online marketplaces and retailers to address the increase in property crimes in the applicant’s jurisdiction or jurisdictions. (c) (1) In awarding grants, the board shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in identifying, arresting, and convicting offenders who commit receiving stolen property crimes. The board shall also give a preference to joint applications from two or more county district attorneys’ offices and law enforcement agencies in two or more applicant counties. (2) In awarding grants, the board shall ensure that grants, to the extent feasible, are allocated to a range of applicants that represent the diversity of communities across the state, including primarily rural, urban, and suburban counties, and equitably distributed to counties located in northern and southern California. (d) Each grantee shall report to the board, in a form and at intervals prescribed by the board, their progress in receiving grant objectives.
(e) The board shall, no later than 90 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the initiatives of the grant. This report, at a minimum, shall include all of the following:
(1) Grant recipients and the amount awarded to each.
(2) How the funding was used.
(3) What outcomes and objectives were achieved.
(f) The board may establish a deadline by which district attorneys’ offices and law enforcement agencies that receive grants pursuant to this article are required to submit data collected and maintained pursuant to this section to the board to enable the board to comply with the reporting requirement in subdivision (e). 6049.2.
(a) This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article. (b) Not more than 5 percent of funds appropriated for this program shall be retained by the board for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (e) of Section 6049.1.
6049.3. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. ___________________
REVISIONS:

Heading—Line 3.
___________________

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Date Published: 04/04/2024 09:00 PM
SENATE BILL NO. 1144
SB-1144 Marketplaces: online marketplaces. (2023-2024)
AMENDED IN SENATE APRIL 04, 2024
AMENDED IN SENATE MARCH 19, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Skinner
(Coauthors: Senators Min, Ochoa Bogh, Rubio, and Wiener) February 14, 2024
An act to amend Sections 1749.8 and 1749.8.4 of, and to add Section 1749.8.9 to, the Civil Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST
SB 1144, as amended, Skinner. Marketplaces: online marketplaces.

Existing law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Existing law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Existing law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information.

Existing law generally defines a “high-volume third-party seller,” for purposes of the above-described provisions, as a third-party seller who has entered into a certain number of consumer product sales transactions through an online marketplace for which payment is processed by the online marketplace, as specified. Existing law defines an “online marketplace,” for purposes of those provisions, as a consumer-directed, electronically accessed platform that includes features that allow for, facilitate, or enable, and are used by, a third-party seller to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product and that has a contractual relationship with consumers governing their use of the platform to purchase consumer products.

This bill would revise the types of transactions that qualify a third-party seller as a “high-volume third-party seller,” for those purposes. Specifically, the bill would remove the conditions that the transactions be made through an online marketplace and that the online marketplace process the payment and, instead, would add the condition that the transactions were made utilizing an online marketplace. The bill would also revise the Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

definition of “online marketplace” by removing the conditions that the above-described features be used by third- party sellers, and that the platform have the above-described contractual relationship with consumers.

Existing law requires a high-volume third-party seller to disclose and certify to the online marketplace certain identification, contact, and payment information of the seller, as specified.

This bill would require an online marketplace to verify and identify disclose to consumers that each whether a high-volume third-party seller has complied with those disclosure and certification requirements. The bill would prohibit require an online marketplace from allowing a business or person to utilize its platform or other services if there is reason to believe the business or person is selling stolen goods. to establish and maintain a policy prohibiting the sale of stolen goods on the marketplace and to provide a mechanism to notify the marketplace of the sale of stolen goods, as specified. The bill would require an online marketplace to alert local, regional, or state law enforcement agencies in California if it reasonably believes that a third-party seller or high-volume third-party seller is selling or attempting to sell stolen goods to a California resident.

Existing law requires a person or entity who violates the above-described provisions to be liable for a civil penalty not to exceed $10,000 for each violation and reasonable attorney’s fees and costs and to be subject to preventive relief, as specified. Existing law limits recovery and relief to a civil action brought by the Attorney General, as specified.

This bill would expand recovery and relief to a civil action brought by a district attorney in any county, a city attorney in any city, or a county counsel in any county.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares that it is the intent of the Legislature to stop theft from retail stores and community theft by curtailing the sale of stolen property on online marketplaces.

SEC. 2. Section 1749.8 of the Civil Code is amended to read:
1749.8. For purposes of this title:
(a) “Consumer product” means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed. (b) “High-volume third-party seller” means a third-party seller on an online marketplace who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete transactions utilizing an the online marketplace for the sale of new or unused consumer products to buyers located in California resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues. (c) “Online marketplace” means a consumer-directed, electronically accessed platform that includes features that allow for, facilitate, or enable a third-party seller to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product in this state.
(d) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a consumer product in the state by or utilizing an online marketplace.
(e) “Verify” means to confirm that information provided to an online marketplace pursuant to this title is accurate. Methods of confirmation include the use of one or more methods that enable the online marketplace to reliably determine that the information and documents are valid, correspond to the seller or an individual acting on the seller’s behalf, are not misappropriated, and are not falsified.

SEC. 3.

Section 1749.8.4 of the Civil Code is amended to read:
1749.8.4. (a) A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney in any county, a city attorney in any city, or a county counsel in any county.

(b) In addition to the civil penalty provided by subdivision (a), the Attorney General, district attorney, city attorney, or county counsel who prevails in an action to enforce this title shall be entitled to the following relief:
(1) Reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses. (2) Preventive relief, including a permanent or temporary injunction, restraining order, or other order against any person responsible for the conduct.

SEC. 4. Section 1749.8.9 is added to the Civil Code, to read:
1749.8.9. (a) An online marketplace shall verify and identify disclose to consumers that each whether a high- volume third-party seller has complied with Section 1749.8.1 lawfully. 1749.8.1. (b) An online marketplace shall alert local, regional, or state law enforcement agencies in California if it reasonably believes that a third-party seller is selling or attempting to sell stolen goods to a California resident. (c) (1) An online marketplace shall not allow a business or person to utilize its platform or other services if there is reason to believe that the business or person is selling stolen goods. shall do both of the following:
(A) Establish and maintain a policy prohibiting the sale of stolen goods on the online marketplace, which shall include consequences for knowingly selling stolen goods on the online marketplace, including, but not limited to, suspension or termination of the seller’s account. (B) Provide a mechanism on the online marketplace that allows any individual to notify the online marketplace that a seller is or may be selling stolen goods. (2) The policy and mechanism required by this subdivision shall be publicly posted and readily accessible to users.

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Date Published: 03/20/2024 09:00 PM
SENATE BILL NO. 1381
SB-1381 Property crimes: regional property crimes task force. (2023-2024) AMENDED IN SENATE MARCH 20, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator McGuire
February 16, 2024
An act to amend Section 640.6 13899 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 1381, as amended, McGuire. Crime: graffiti. Property crimes: regional property crimes task force.

Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes, including, among other property crimes, organized retail theft and vehicle burglary, and assist local law enforcement with resources, such as personnel and equipment.

This bill would include the sale of stolen goods as a property crime to be considered in the identification of geographic areas experiencing increased levels of property crimes.

Existing law makes it an infraction, punishable by a fine not to exceed $1,000, to deface real or personal property with graffiti, and a misdemeanor, punishable by imprisonment and a fine not to exceed $3,000, if the person has previously been convicted of specified vandalism offenses on 2 separate occasions.

This bill would decrease the above fines to $900 and $2,500, respectively.

Vote: majority Appropriation: no Fiscal Committee: yesno Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 13899 of the Penal Code is amended to read:
13899. The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

limited to, organized retail theft, sale of stolen goods, vehicle burglary, and theft of vehicle parts and accessories. The task force shall provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.

SECTION 1.

Section 640.6 of the Penal Code is amended to read:
640.6.(a)(1)Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not their own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed nine hundred dollars ($900). This subdivision does not preclude application of Section 594.

In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than their hours of school attendance or employment. (2)In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and their parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)(1)If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor, punishable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than their hours of school attendance or employment.
(2)In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and their parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(c)(1)Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.

As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than their hours of school attendance or employment.
(2)In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and their parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (d)Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim’s option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (e)If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause.

Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person’s parent or legal guardian.

(f)As used in this section, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.
(g)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling.

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Date Published: 04/16/2024 09:00 PM
SENATE BILL NO. 1416
SB-1416 Sentencing enhancements: sale, exchange, or return of stolen property. (2023-2024) AMENDED IN SENATE APRIL 16, 2024
AMENDED IN SENATE MARCH 20, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Newman
(Coauthor: Senator Allen)
February 16, 2024
An act to add Section 12022.10 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 1416, as amended, Newman. Sentencing enhancements: sale, exchange, or return of stolen property.

Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony.

This bill would create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, 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.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 12022.10 is added to the Penal Code, to read:

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

12022.10. (a) When any a person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows:
(1) If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year.
(2) If the property value exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years.
(3) If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years.
(4) If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years.
(5) For each property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) When any a person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a). (c) In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed if the aggregate value of the property involved exceeds the amounts specified in this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954. (d) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(e) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

CITY OF

MONTEREY PARK

PRELIMINARY
BUDGET
2 0 2 4 - 2 0 2 5
May 22, 2024
New Business - 5B

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CITY OF MONTEREY PARK

320 West Newmark Avenue  Monterey Park  California 91754-2896 www.montereypark.ca.gov
City Council
Henry Lo
Vinh Ngo
Jose Sanchez
Thomas Wong
Yvonne Yiu
City Clerk
Maychelle Yee
City Treasurer
Amy Lee
May 22, 2024
Honorable Mayor and Members of the City Council,
It is my privilege to present the preliminary budget for all operations of the City of Monterey Park for the fiscal year 2024-2025. The City’s 2024-2025 budget, which funds public safety, community and economic development, transportation, parks and open space, recreation, library, infrastructure investments, and city facility upgrades, is developed by staff in order to achieve City goals and strategic programs and to follow City Council's priorities and policy direction in the most responsive manner.

This year, as always, our focus remains on delivering a wide range of services to our diverse community as we continue to manage the City’s budget to maintain fiscal sustainability.

Economic Environment
California’s unemployment rate increased slightly from 4.5% in February 2023 to 5.3% in February 2024, despite an overall increase of 3,037,600 jobs since February 2020.The unemployment rate in Los Angeles County remained unchanged at 5% from February 2023 to February 2024. Industries gaining jobs in California include Private Education & Health Services due to increases in practitioners such as acupuncturists and dieticians, as well as Home Healthcare Services and Individual and Family Services.

The COVID-19 pandemic upended the status quo — changing how we work and where we live, snarling global supply chains, driving rapid price increases, and prompting massive government aid.

After the initial shock of job losses, Californians are back to work and unemployment is low. But continued inflation, interest rate hikes, and a volatile stock market continue to raise concerns about an upcoming recession. The City of Monterey Park remains vigilant and fiscally conservative.

In the City of Monterey Park, economic development is an integral component of the City’s revenue generating activities. With 500,000 square feet of retail space, the Market Place, located along the Pomona Freeway, is the largest commercial shopping center ever developed in the community. Since its opening in May of 2018, the Market Place development has been a consistent revenue generator.

The City is projecting a moderate increase of sales tax revenue from the Market Place for the upcoming year.

The City has also welcomed new hotels along the North Atlantic Boulevard corridor to meet the growing demand for visitor accommodations in the greater San Gabriel Valley area. A new 288- room

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Courtyard by Marriott hotel opened in March 2021 on North Atlantic Boulevard. A new 134-room with 84 condominium units (residential mixed-use) Holiday Inn and Suites opened in May of 2024.

Property value growth for 2023-24 was somewhat less than the amount of growth in 2022-23 despite an increase in the value added due to sales in 2022. Residential value growth was $365 million (5.2%) and accounted for 80.2% of all value growth. The number of detached single family home sales for 2023 were less than in 2022 which is consistent with what was seen in most areas of the State. The Monterey Park median sales price through September 2023 was down by 0.74%, a reversal from the large gains of the last 2 years.

The median sales price in Monterey Park for detached single family homes has rebounded from a low point of $424,000 in 2012. The current median sales price is $901,818.

The 2024-2025 Preliminary Budget
The proposed City’s FY 2024-2025 Operating, Debt and Capital Budget total is $176 million, of which $65.7 million is in the General Fund and $860,000 is from one-time American Rescue Plan Act (ARPA) funds. This budget provides a road map for the City’s successful delivery of vital core services and infrastructure improvements, which can be seen in detail via the Fund, Department and Capital pages that follow. A careful and methodical approach was taken in preparing the budget consistent with City Council’s practice to exercise fiscal prudence and balance funding requests with the preservation of the General Fund reserves. Departmental budget requests were each evaluated in terms of operational needs in order to limit demand on the City’s finances. This operating budget includes escalations where the cost-of-service delivery has increased, and ARPA funds have been allocated.

The Preliminary Budget reflects the Successor Agency (SA) budget of $2.2 million for enforceable obligations and administrative costs for winding down procedures of the former Monterey Park Redevelopment Agency.

Monterey Park uses a five-year forecast to enable us to anticipate and adapt to economic challenges and to make decisions today with the next five years in mind. The five-year forecast aids the City’s administration in seeing our financial challenges before they are realized – giving the City the opportunity to identify and communicate with City Council and the community to implement solutions in advance. To this end, the proposed budget further advances efforts to transition the City from financial stability to financial sustainability.

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General Fund Revenue
The General Fund is the main operating fund of the City and pays for the majority of police, fire, building, zoning, public works, park maintenance, recreation, and library services. It is our practice to conservatively estimate all revenues included in the budget to avoid over committing to future service expansions.
(Amounts in 000s) Approved Est. Actual Estimated
2023-24 2023-24 2024-25
Property Tax $22,385 $22,385 $23,293
Sales Tax $18,586 $18,586 $19,397
Utility User Tax $3,328 $3,328 $3,469
Transient Occupancy Tax $2,880 $2,880 $3,465
Business License Tax $912 $912 $843
Other Taxes $1,671 $1,671 $1,456
Licenses & Permits $1,716 $1,716 $1,430
Service Charges $7,194 $7,194 $7,217
Other Revenue $4,714 $4,714 $5,562
Total $63,386 $63,386 $66,132
Property tax and sales tax continue to be the largest revenue sources, representing 65% of the total General Fund's revenue. Each key revenue assumption for 2024-2025 is summarized as following:

Property Tax The property tax is an annual levy and is based on the value of land and structures.

Property taxes constitute 35% percent of all City own-source revenue. Total gross assessed value for 2024 is $9.8 billion, up 4.84% or $476 million from last year. Prices for single family homes have continued to rise in response to lower inventory and interest rates. The median sale price of a detached single-family residential home in Monterey Park at September 2023 was $901,818.

Sales Tax Sales tax represents the second-largest source of local tax revenue. Sales tax is imposed on the retail sale of goods. On the November 8, 2022, voters adopted Measure MP which authorizes a ¾ cent transactions and use (sales) tax. The measure was adopted based upon a 58.14% voter approval. This tax began to be collected by businesses on April 1, 2023, and is projected to generate $8.6 million in FY 2024-2025.

Utility User Tax The City’s utility user tax rates are 3% for residential and 5.5% for commercial users.

The tax is applied to the consumption of electric, gas, and telephone services. The overall UUT revenue is projected to increase by 2% based on trends and historical data.

Transient Occupancy Tax Transient occupancy tax, TOT (hotel/lodging tax) is imposed on the rent of hotels and motels in the City. The current hotel tax rate is 12%. In addition, the City has implemented a strategy to collect TOT from short-term rental properties rented through home sharing services like Airbnb. Currently, the increase in TOT revenue is unknown for short-term rental properties and will be monitored and reported once more information is received.

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Other Taxes This category consists of property transfer tax and franchise tax. The property transfer tax is the real estate transfer tax at a rate of $1.10 per $1,000 of value transferred. The City and County share the tax equally. Franchise tax is imposed by the City on gas, electric, and cable television for the privilege of using City streets. Revenues in Other Taxes are projected to increase by 3% based on trends and historical data.

Licenses and Permits Business license revenues are projected to remain somewhat flat in FY 2024- 2025. The City is cautiously optimistic revenues will begin to increase in this category.

Charge for Services This category includes charges for fee-supported City services. As we continue to move past the pandemic, City services continue to return to pre-pandemic levels, thus, revenues in this category are expected to increase to pre-pandemic amounts.

Other Revenues This category includes investment earnings, rents, fines, and miscellaneous revenue accounts. The City’s overall investment return is expected to increase in FY 2024-2025 as the Federal government increases rates to mitigate the possibility of a recession.

General Fund Estimated Expenditures

Below is the summary of the General Fund expenditures and transfers for FY 2024-2025.

General Fund Expenditures & Transfers
(Amounts in 000s) Est. Actual Proposed
2023-2024 2024-2025
Police $23,514 $26,742
Fire $16,141 $17,211
Public Works $2,879 $3,011
Library $2,637 $2,975
Community and Economic Development $2,974 $2,960
Recreation and Community Services $2,065 $2,598
General Administration $6,307 $7,026
Non-Departmental $1,051 $1,172
Capital Improvements $2,257 $2,004
Total $59,825 $65,699

General Fund Balances

Fund Balances are often used to bridge economic cycles or weather emergency times so that community services can continue to be provided uninterrupted. Adequate fund balances are an indication of sound financial management. Beginning balance for General Fund reserve for FY 2024-2025 is projected to be $32 million.