SENATE BILL No. 1108
Introduced by Senator Bates
February 16, 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
SB 1108, as introduced, Bates. 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This bill w ould reinstate a pro vision of la w that w as repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is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 a county jail not exceeding one year or in a county jail for 16 months or 2 or 3 years. The bill would also make this provision and the provision
99 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, e xcept that a person with one or more prior line 11 convictions for an offense specified in clause (iv) of subparagraph line 12 (C) of paragraph (2) of subdi vision (e) of Section 667 or for an line 13 offense requiring registration pursuant to subdivision (c) of Section line 14 290 may be punished pursuant to subdivision (h) of Section 1170. line 15 as follows:
line 16 (1) A person with one or more prior convictions for an offense line 17 specified in clause (iv) of subpar agraph (C) of par agraph (2) of line 18 subdivision (e) of Section 667 or for an of fense r equiring line 19 registration pur suant to subdivision (c) of Section 290 may be line 20 punished pursuant to subdivision (h) of Section 1170. line 21 (2) A person who meets the requirements of subdivision (a) or line 22 (b) of Section 666 may be punished pursuant to that section. line 23 (b) Any act of shoplifting as defined in subdivision (a) shall be line 24 charged as shoplifting. No A person who is charged with shoplifting 99 — 2 — SB 1108
line 1 may not also be char ged with b urglary or theft of the same line 2 property.
line 3 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 4 490.2. (a) Notwithstanding Section 487 or any other provision line 5 of law defining grand theft, obtaining any property by theft where line 6 the value of the money, labor, real or personal property taken does line 7 not exceed nine hundred fifty dollars ($950) shall be consider ed line 8 petty theft and shall be punished as a misdemeanor , except as line 9 follows:
line 10 (a) Notwithstanding Section 487 or any other provision of law line 11 defining grand theft, obtaining an y property by theft where the line 12 value of the money, labor, real or personal property taken does not line 13 exceed nine hundred fifty dollars ($950) shall be considered petty line 14 theft and shall be punished as a misdemeanor, except that such line 15 (1) A person may instead be punished pursuant to subdi vision line 16 (h) of Section 1170 if that person has one or more prior convictions line 17 for an of fense specified in clause (i v) of subparagraph (C) of line 18 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 19 requiring registration pursuant to subdivision (c) of Section 290. line 20 (2) A person who meets the requirements of subdivision (a) or line 21 (b) of Section 666 may be punished pursuant to that section. line 22 (b) This section shall does not be applicable apply to any theft line 23 that may be charged as an infraction pursuant to any other provision line 24 of law.
line 25 (c) This section shall does not apply to theft of a firearm. line 26 SEC. 3. Section 666 of the Penal Code is amended to read:
line 27 666. (a) Notwithstanding Section 490, e very per son who, line 28 having been con victed thr ee or mor e times of petty theft, line 29 shoplifting, grand theft, a conviction pursuant to subdivision (d) line 30 or (e) of Section 368, auto theft under Section 10851 of the Vehicle line 31 Code, b urglary, carjac king, r obbery, or a felony con viction of line 32 Section 496 and having served a term ther eof in any penal line 33 institution or having been imprisoned ther ein as a condition of line 34 probation for that of fense, and who is subsequently con victed of line 35 petty theft or shoplifting is punishable by imprisonment in a county line 36 jail not e xceeding one year , or imprisonment pur suant to line 37 subdivision (h) of Section 1170.
line 38 (a)
line 39 (b) (1) Notwithstanding Section 490, any person described in line 40 subdivision (b) paragraph (2) who, having been convicted of petty 99 SB 1108 — 3 —
line 1 theft, shoplifting, grand theft, a conviction pursuant to subdivision line 2 (d) or (e) of Section 368, auto theft under Section 10851 of the line 3 Vehicle Code, burglary, carjacking, robbery, or a felony violation line 4 of Section 496, and having served a term of imprisonment therefor line 5 in any penal institution or ha ving been imprisoned therein as a line 6 condition of probation for that of fense, and who is subsequently line 7 convicted of petty theft, theft or shoplifting , is punishable by line 8 imprisonment in the county jail not exceeding one year, or in the line 9 state prison.
line 10 (b)
line 11 (2) Subdivision (a) Paragraph (1) shall apply to an y person line 12 who is required to re gister pursuant to the Se x Of fender line 13 Registration Act, or who has a prior violent or serious felon y line 14 conviction, as specified in clause (i v) of subparagraph (C) of line 15 paragraph (2) of subdivision (e) of Section 667, or has a conviction line 16 pursuant to subdivision (d) or (e) of Section 368. line 17 (c) This section shall not be construed to preclude prosecution line 18 or punishment pursuant to subdi visions (b) to (i), inclusi ve, of line 19 Section 667, or Section 1170.12.
line 20 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe line 21 Neighborhoods and Schools Act, Proposition 47, an initiati ve line 22 statute, and shall become ef fective only when submitted to and line 23 approved by the voters at a statewide election. line 24 (b) A special election is hereby called, to be held throughout line 25 the state on No vember 8, 2022, for appro val by the v oters of line 26 Sections 1, 2, and 3 of this act. The special election shall be line 27 consolidated with the statewide general election to be held on that line 28 date. The consolidated election shall be held and conducted in all line 29 respects as if there were only one election, and only one form of line 30 ballot shall be used.
line 31 (c) Notwithstanding the requirements of Sections 9040, 9043, line 32 9044, 9061, 9082, and 9094 of the Elections Code, or an y other line 33 law, the Secretary of State shall submit Sections 1, 2, and 3 of this line 34 act to the v oters for their appro val at the No vember 8, 2022, line 35 statewide general election.
line 36 SEC. 5. This act calls an election within the meaning of Article line 37 IV of the California Constitution and shall go into immediate effect.
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