california legislature—2021–22 regular session
ASSEMBLY BILL No. 1597
Introduced by Assembly Member Waldron
January 3, 2022
An act to amend Sections 459.5, 490.2, and 666 of the Penal Code, relating to crime, and calling an election, to take effect immediately. legislative counsel’s digest
AB 1597, as introduced, Waldron. Shoplifting: increased penalties for prior crimes.
The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor , with certain e xceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during re gular hours, where the v alue of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.
Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior con viction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years.
This bill w ould reinstate a pro vision of la w that w as repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in
99 a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or se xual prior of fenses applicable to a person whose prior or current con viction is for shoplifting.
This bill w ould call a special election to be consolidated with the November 8, 2022, statewide general election. This bill would require the Secretary of State to submit the pro visions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2022, consolidated election.
This bill would declare that it is to take effect immediately as an act calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, where the value of the property that is taken or intended to line 7 be taken does not e xceed nine hundred fifty dollars ($950). Any line 8 other entry into a commercial establishment with intent to commit line 9 larceny is b urglary. Shoplifting shall be punished as a line 10 misdemeanor, except that a as follows:
line 11 (1) A person with one or more prior convictions for an offense line 12 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 13 subdivision (e) of Section 667 or for an of fense requiring line 14 registration pursuant to subdi vision (c) of Section 290 may be line 15 punished pursuant to subdivision (h) of Section 1170. line 16 (2) A person who meets the requirements of subdivision (a) or line 17 (b) of Section 666 may be punished pursuant to that section. line 18 (b) Any act of shoplifting as defined in subdivision (a) shall be line 19 charged as shoplifting. No A person who is charged with shoplifting line 20 may not also be char ged with b urglary or theft of the same line 21 property.
line 22 SEC. 2. Section 490.2 of the Penal Code is amended to read:
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line 1 490.2. (a) Notwithstanding Section 487 or any other provision line 2 of law defining grand theft, obtaining any property by theft where line 3 the value of the money, labor, real or personal property taken does line 4 not exceed nine hundred fifty dollars ($950) shall be considered line 5 petty theft and shall be punished as a misdemeanor , except that line 6 such as follows:
line 7 (1) A person may instead be punished pursuant to subdi vision line 8 (h) of Section 1170 if that person has one or more prior convictions line 9 for an of fense specified in clause (i v) of subparagraph (C) of line 10 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 11 requiring registration pursuant to subdivision (c) of Section 290. line 12 (2) A person who meets the requirements of subdivision (a) or line 13 (b) of Section 666 may be punished pursuant to that section. line 14 (b) This section shall not be applicable does not apply to any line 15 theft that may be char ged as an infraction pursuant to an y other line 16 provision of law.
line 17 (c) This section shall does not apply to theft of a firearm. line 18 SEC. 3. Section 666 of the Penal Code is amended to read:
line 19 666. (a) Notwithstanding Section 490, e very per son who, line 20 having been con victed thr ee or mor e times of petty theft, line 21 shoplifting, grand theft, a conviction pursuant to subdivision (d) line 22 or (e) of Section 368, auto theft under Section 10851 of the Vehicle line 23 Code, b urglary, carjac king, r obbery, or a felony con viction of line 24 Section 496 and having served a term ther eof in any penal line 25 institution or having been imprisoned ther ein as a condition of line 26 probation for that of fense, and who is subsequently con victed of line 27 petty theft or shoplifting is punishable by imprisonment in a county line 28 jail not e xceeding one year , or imprisonment pur suant to line 29 subdivision (h) of Section 1170.
line 30 (b) (1) Notwithstanding Section 490, any person described in line 31 subdivision (b) paragraph (2) who, having been convicted of petty line 32 theft, shoplifting, grand theft, a conviction pursuant to subdivision line 33 (d) or (e) of Section 368, auto theft under Section 10851 of the line 34 Vehicle Code, burglary, carjacking, robbery, or a felony violation line 35 of Section 496, and having served a term of imprisonment therefor line 36 in any penal institution or ha ving been imprisoned therein as a line 37 condition of probation for that of fense, and who is subsequently line 38 convicted of petty theft, theft or shoplifting , is punishable by line 39 imprisonment in the county jail not exceeding one year, or in the line 40 state prison.
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line 1 (b) Subdivision (a)
line 2 (2) Paragraph (1) shall apply to any person who is required to line 3 register pursuant to the Sex Offender Registration Act, or who has line 4 a prior violent or serious felony conviction, as specified in clause line 5 (iv) of subparagraph (C) of paragraph (2) of subdi vision (e) of line 6 Section 667, or has a conviction pursuant to subdivision (d) or (e) line 7 of Section 368.
line 8 (c) This section shall not be construed to preclude prosecution line 9 or punishment pursuant to subdi visions (b) to (i), inclusi ve, of line 10 Section 667, or Section 1170.12.
line 11 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe line 12 Neighborhoods and Schools Act, Proposition 47, an initiati ve line 13 statute, and shall become ef fective only when submitted to and line 14 approved by the voters at a statewide election. line 15 (b) A special election is hereby called, to be held throughout line 16 the state on No vember 8, 2022, for appro val by the v oters of line 17 Sections 1, 2, and 3 of this act. The special election shall be line 18 consolidated with the statewide general election to be held on that line 19 date. The consolidated election shall be held and conducted in all line 20 respects as if there were only one election, and only one form of line 21 ballot shall be used.
line 22 (c) Notwithstanding the requirements of Sections 9040, 9043, line 23 9044, 9061, 9082, and 9094 of the Elections Code, or an y other line 24 law, the Secretary of State shall submit Sections 1, 2, and 3 of this line 25 act to the v oters for their appro val at the No vember 8, 2022, line 26 statewide general election.
line 27 SEC. 5. This act calls an election within the meaning of Article line 28 IV of the California Constitution and shall go into immediate effect.
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