Agenda packet — Legislative Committee, February 13, 2024

ITEMS

ADJOURN
SENATE BILL 928: Organized Theft
Introduced by Senator Roger Niello (R-6-Fair Oaks), Senate Bill 928 extends the sunset provisions indefinitely for special sentences for organized retail theft to be punishable as a misdemeanor or felony.

RECOMMENDED ACTION:

Legislative Committee recommend support of Senate Bill 928.

Legislative Committee – February 13, 2024

Assembly Bill 1772 - Theft
Recommendation

Legislative Committee recommend support of Assembly Bill 1772.

Summary

Introduced by Assembly Member James Ramos (D-45-San Bernardino), Assembly Bill 1772 amends Proposition 47 (2014) by reinstating the ability to charge a repeat offender, convicted of petty theft or shoplifting and who has two or more prior theft-related offenses, with a felony.

Subsequent to passage by the state legislature and approval by the Governor, this bill would become effective only if approved by a majority of voters through a ballot initiative at the next statewide general election.

Background

Proposition 47 (2014) titled, “The Safe Neighborhoods and Schools Act,” reduced penalties for certain property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.

Proposition 47 (2014), was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. However, at the City level, the measure failed with 47.19 percent in favor and 52.81 percent against.

With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.

According to the Public Policy Institute of California which had researchers testify to the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.

Additionally, the Santa Clarita City Council supported a similar bill, Assembly Bill 1708 (Muratsuchi), at the April 11, 2023, Regular City Council Meeting.

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Communication: Assembly Bill 1772 - Staff Report (ITEM 1 ASSEMBLY BILL 1772: Theft)

The recommendation to support Assembly Bill 1772 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1772 was introduced on January 3, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

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Communication: Assembly Bill 1772 - Staff Report (ITEM 1 ASSEMBLY BILL 1772: Theft) AMENDED IN ASSEMBLY FEBRUARY 1, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1772
Introduced by Assembly Member Ramos Members Ramos, Mathis, and Valencia
(Coauthors: Assembly Members Alanis, Cervantes, Dixon, Hoo ver, Lackey, Pacheco, Jim Patterson, Joe Patterson, Rodriguez, Soria, and Ta)
(Coauthors: Senators Dodd, Niello, Roth, Seyarto, and Wilk) January 3, 2024
An act to amend Sections 459.5 and 490.2 of, and to add Section 666.1 to, the Penal Code, relating to theft.
legislative counsel’s digest
AB 1772, as amended, Ramos. Theft.

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as appro ved by the v oters at the No vember 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 larcen y while the establishment is open during regular business hours.

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

Existing la w pro vides that a person with a prior con viction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

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

98 Packet Pg. 6
Communication: Assembly Bill 1772 - Bill Text (ITEM 1 ASSEMBLY BILL 1772: Theft) 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 per son to be c harged with gr and theft if the property taken exceeds $950 over the course of distinct but related acts.

This bill would state the findings of the Le gislature 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 w ould provide that its pro visions 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. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that pursuant line 2 to subdivision (e) of Section 487 of the Penal Code, if the value of line 3 property taken exceeds nine hundred fifty dollars ($950) over the line 4 course of distinct b ut r elated acts, the thefts may pr operly be line 5 aggregated to charge a defendant with grand theft. line 6 SECTION 1.
line 7 SEC. 2. Section 459.5 of the Penal Code is amended to read:
line 8 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 9 as entering a commercial establishment while that establishment line 10 is open during regular business hours, with the intent to steal retail line 11 property or merchandise, where the v alue of the property that is line 12 taken or intended to be tak en does not exceed nine hundred fifty line 13 dollars ($950). Any other entry into a commercial establishment line 14 with intent to commit larcen y is b urglary. Shoplifting shall be line 15 punished as a misdemeanor, except as follows:
line 16 (1) A person with one or more prior convictions for an offense line 17 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 18 subdivision (e) of Section 667 or for an of fense requiring line 19 registration pursuant to subdi vision (c) of Section 290 may be line 20 punished pursuant to subdivision (h) of Section 1170. 98 — 2 — AB 1772

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Communication: Assembly Bill 1772 - Bill Text (ITEM 1 ASSEMBLY BILL 1772: Theft) line 1 (2)  A person who meets the requirements of Section 666.1 may line 2 be punished pursuant to that section.
line 3 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 4 charged as shoplifting. A person who is charged with shoplifting line 5 shall not also be char ged with b urglary or theft of the same line 6 property.
line 7 (c)  As used in this section, the follo wing terms ha ve the line 8 following meanings:
line 9 (1)  “Retail property or merchandise” means any article, product, line 10 commodity, item, or component intended to be sold in retail line 11 commerce.
line 12 (2)  “Value” means the retail v alue of an item as adv ertised by line 13 the affected retail establishment, including applicable taxes. line 14 SEC. 2.
line 15 SEC. 3. Section 490.2 of the Penal Code is amended to read:
line 16 490.2. (a)  Notwithstanding Section 487 or any other provision line 17 of law defining grand theft, obtaining any property by theft where line 18 the value of the money, labor, real or personal property taken does line 19 not exceed nine hundred fifty dollars ($950) shall be considered line 20 petty theft and shall be punished as a misdemeanor , e xcept as line 21 follows:
line 22 (1)  A person may instead be punished pursuant to subdi vision line 23 (h) of Section 1170 if that person has one or more prior convictions line 24 for an of fense specified in clause (i v) of subparagraph (C) of line 25 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 26 requiring registration pursuant to subdivision (c) of Section 290. line 27 (2)  A person who meets the requirements of Section 666.1 may line 28 be punished pursuant to that section.
line 29 (b)  This section does not apply to any theft that may be charged line 30 as an infraction pursuant to any other law.
line 31 (c)  This section does not apply to theft of a firearm. line 32 SEC. 3.
line 33 SEC. 4. Section 666.1 is added to the Penal Code, to read:
line 34 666.1. (a)  (1)  Notwithstanding any other law, a person who, line 35 having two or more con victions for any of the of fenses listed in line 36 paragraph (2), and who is subsequently convicted of petty theft or line 37 shoplifting, is punishable by imprisonment in the county jail not line 38 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 39 (2)  This section applies to the following offenses:
line 40 (A)  Petty theft, as described in Section 488.
98 AB 1772 — 3 —

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Communication: Assembly Bill 1772 - Bill Text (ITEM 1 ASSEMBLY BILL 1772: Theft) line 1 (B)  Grand theft, as described in Section 487.
line 2 (C)  Theft from an elder or dependent adult in violation of line 3 subdivision (e) of Section 368.
line 4 (D)  The theft or unauthorized use of a vehicle, as described in line 5 Section 10851 of the Vehicle Code.
line 6 (E)  Burglary, as described in Section 459.
line 7 (F)  Carjacking, as described in Section 215.
line 8 (G)  Robbery, as described in Section 211.
line 9 (H)  Receiving stolen property, as described in Section 496. line 10 (I)  Shoplifting, as described in Section 459.5. line 11 (J)  Mail theft, as described in subdivision (e) of Section 530.5. line 12 (b)  This section does not preclude prosecution or punishment line 13 pursuant to any other law.
line 14 SEC. 4.
line 15 SEC. 5. This act amends the Safe Neighborhoods and Schools line 16 Act, an initiative statute approved by the voters at the November line 17 4, 2014, state wide general election as Proposition 47, and shall line 18 become effective only when submitted to and appro ved by the line 19 voters. The Secretary of State shall submit this act for approval by line 20 the voters at a statewide election in accordance with Section 9040 line 21 of the Elections Code.

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98 — 4 — AB 1772

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Communication: Assembly Bill 1772 - Bill Text (ITEM 1 ASSEMBLY BILL 1772: Theft)

Legislative Committee – February 13, 2024

Assembly Bill 1779 – Theft: Jurisdiction
Recommendation

Legislative Committee recommend support of Assembly Bill 1779.

Summary

Introduced by Assembly Member Jacqui Irwin (D-42-Thousand Oaks), Assembly Bill 1779 expands the jurisdictional authority for city and county prosecutors to prosecute thefts that occur across jurisdictions.

Background

Current law restricts cross jurisdictional prosecution of many crimes, including theft by fraud, organized retail theft, and receiving stolen property to the Attorney General. This legislation seeks to expand the jurisdictional authority of local prosecutors in an effort to better target thefts involving criminal networks and organized crimes.

According to the Public Policy Institute of California, which had researchers testify in front of the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent for the same time period.

The recommendation to support Assembly Bill 1779 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1779 was introduced on January 3, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

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Communication: Assembly Bill 1779 - Staff Report (ITEM 2 ASSEMBLY BILL 1779: Theft: Jurisdiction) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1779
Introduced by Assembly Member Irwin
January 3, 2024
An act to amend Section 786.5 of the Penal Code, relating to crimes. legislative counsel’s digest
AB 1779, as introduced, Irwin. Theft: jurisdiction.

Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing la w 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 w as recovered, or the county where an y 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 abo ve to criminal actions brought by the Attorney General.

This bill would no longer limit the jurisdictional rules for the abo ve crimes to criminal actions brought by the Attorney General.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 786.5 of the Penal Code is amended to line 2 read:

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Communication: Assembly Bill 1779 - Bill Text (ITEM 2 ASSEMBLY BILL 1779: Theft: Jurisdiction) line 1 786.5. The jurisdiction of a criminal action brought by the line 2 Attorney General for theft, as defined in subdivision (a) of Section line 3 484, or a violation of Section 490.4 or 496, shall also include the line 4 county where an offense involving the theft or receipt of the stolen line 5 merchandise occurred, the county in which the merchandise w as line 6 recovered, or the county where any act was done by the defendant line 7 in instigating, procuring, promoting, or aiding in the commission line 8 of a theft of fense or a violation of Section 490.4 or 496 or in line 9 abetting the parties concerned therein. If multiple offenses of theft line 10 or violations of Section 490.4 or 496, either all involving the same line 11 defendant or defendants and the same merchandise, or all involving line 12 the same defendant or defendants and the same scheme or line 13 substantially similar activity, occur in multiple jurisdictions, then line 14 any of those jurisdictions are a proper jurisdiction for all of the line 15 offenses. Jurisdiction also e xtends to all associated of fenses line 16 connected together in their commission to the underlying theft line 17 offenses or violations of Section 490.4 or 496.

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99 — 2 — AB 1779

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Communication: Assembly Bill 1779 - Bill Text (ITEM 2 ASSEMBLY BILL 1779: Theft: Jurisdiction)

Legislative Committee – February 13, 2024

Assembly Bill 1802 – Crimes Organized Theft

Recommendation

Legislative Committee recommend support of Assembly Bill 1802.

Summary

Introduced by Assembly Member Reggie Jones-Sawyer (D-57-South Los Angeles), Assembly Bill 1802 extends the sunset to January 1, 2031, for (1) special sentences for organized retail theft to be punishable as a misdemeanor or felony and (2) continuation of a statewide taskforce led by the California Highway Patrol to combat organized retail theft.

Background
Proposition 47 (2014) titled, “The Safe Neighborhoods and Schools Act,” reduced penalties for certain property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.

During the 2018 legislative year, the State Legislature passed Assembly Bill 1065 (Jones- Sawyer), which made retail theft three or more times within a 1-year period that exceeded $950 in value, punishable as a felony. Additionally, the bill established the California Highway Patrol Organized Retail Crime Task Force (ORCTF), to combat organized retail. The bill included a sunset for both provisions of January 1, 2021.

During the 2021 legislative year, the State Legislature passed Assembly Bill 331 (Jones-Sawyer), extending the provisions of Assembly Bill 1065 to January 1, 2026.

Since the inception of the ORCTF, there have been more than 1,850 investigations into retail crimes in California that have resulted in over 1,250 arrests, resulting in $30.7 million recovered in stolen merchandise.

According to the Public Policy Institute of California, which had researchers testify to the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022 Packet Pg. 13
Communication: Assembly Bill 1802 - Staff Report (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft) compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.

The recommendation to support Assembly Bill 1802 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1802 was introduced on January 8, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

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Communication: Assembly Bill 1802 - Staff Report (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1802
Introduced by Assembly Member Jones-Sawyer
January 8, 2024
An act to amend Sections 490.4 and 13899.1 of the Penal Code, relating to crimes.
legislative counsel’s digest
AB 1802, as introduced, 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 felon y, 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 v alue, 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. By e xtending the operation of an e xisting 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.

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Communication: Assembly Bill 1802 - Bill Text (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft) The bill would extend the operation of the regional property crimes task force until January 1, 2031.

The California Constitution requires the state to reimb urse 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 490.4 of the Penal Code is amended to line 2 read:
line 3 490.4. (a)  A person who commits any of the following acts is line 4 guilty of organized retail theft, and shall be punished pursuant to line 5 subdivision (b):
line 6 (1)  Acts in concert with one or more persons to steal line 7 merchandise from one or more merchant’ s premises or online line 8 marketplace with the intent to sell, e xchange, or return the line 9 merchandise for value.
line 10 (2)  Acts in concert with tw o or more persons to recei ve, line 11 purchase, or possess merchandise described in paragraph (1), line 12 knowing or believing it to have been stolen.
line 13 (3)  Acts as an agent of another individual or group of individuals line 14 to steal merchandise from one or more merchant’ s premises or line 15 online marketplaces as part of an organized plan to commit theft. line 16 (4)  Recruits, coordinates, or ganizes, supervises, directs, line 17 manages, or finances another to undertake any of the acts described line 18 in paragraph (1) or (2) or an y other statute defining theft of line 19 merchandise.
line 20 (b)  Organized retail theft is punishable as follows:
line 21 (1)  If violations of paragraph (1), (2), or (3) of subdi vision (a) line 22 are committed on tw o or more separate occasions within a line 23 12-month period, and if the aggregated value of the merchandise line 24 stolen, received, purchased, or possessed within that 12-month line 25 period exceeds nine hundred fifty dollars ($950), the of fense is line 26 punishable by imprisonment in a county jail not e xceeding one line 27 year or pursuant to subdivision (h) of Section 1170. 99 — 2 — AB 1802

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Communication: Assembly Bill 1802 - Bill Text (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft) line 1 (2)  Any other violation of paragraph (1), (2), or (3) of line 2 subdivision (a) that is not described in paragraph (1) of this line 3 subdivision is punishable by imprisonment in a county jail not line 4 exceeding one year.
line 5 (3)  A violation of paragraph (4) of subdivision (a) is punishable line 6 by imprisonment in a county jail not e xceeding one year or line 7 pursuant to subdivision (h) of Section 1170.
line 8 (c)  For the purpose of determining whether the defendant acted line 9 in concert with another person or persons in an y proceeding, the line 10 trier of fact may consider any competent evidence, including, but line 11 not limited to, all of the following:
line 12 (1)  The defendant has previously acted in concert with another line 13 person or persons in committing acts constituting theft, or an y line 14 related offense, including an y conduct that occurred in counties line 15 other than the county of the current of fense, if rele vant to line 16 demonstrate a fact other than the defendant’s disposition to commit line 17 the act.
line 18 (2)  That the defendant used or possessed an artifice, instrument, line 19 container, device, or other article capable of facilitating the removal line 20 of merchandise from a retail establishment without paying the line 21 purchase price and use of the artifice, instrument, container , or line 22 device or other article is part of an organized plan to commit theft. line 23 (3)  The property involved in the offense is of a type or quantity line 24 that w ould not normally be purchased for personal use or line 25 consumption and the property is intended for resale. line 26 (d)  In a prosecution under this section, the prosecutor shall not line 27 be required to charge any other coparticipant of the organized retail line 28 theft.
line 29 (e)  Upon conviction of an offense under this section, the court line 30 shall consider ordering, as a condition of probation, that the line 31 defendant stay away from retail establishments with a reasonable line 32 nexus to the crime committed.
line 33 (f)  This section shall remain in effect only until January 1, 2026, line 34 2031, and as of that date is repealed.
line 35 SEC. 2. Section 13899.1 of the Penal Code is amended to read:
line 36 13899.1. This chapter shall remain in effect only until January line 37 1, 2026, 2031, and as of that date is repealed. line 38 SEC. 3. No reimbursement is required by this act pursuant to line 39 Section 6 of Article XIIIB of the California Constitution because line 40 the only costs that may be incurred by a local agenc y or school 99 AB 1802 — 3 —

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Communication: Assembly Bill 1802 - Bill Text (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft) line 1 district will be incurred because this act creates a ne w crime or line 2 infraction, eliminates a crime or infraction, or changes the penalty line 3 for a crime or infraction, within the meaning of Section 17556 of line 4 the Government Code, or changes the definition of a crime within line 5 the meaning of Section 6 of Article XIII B of the California line 6 Constitution.

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99 — 4 — AB 1802

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Communication: Assembly Bill 1802 - Bill Text (ITEM 3 ASSEMBLY BILL 1802: Crimes: Organized Theft)

Legislative Committee – February 13, 2024

Assembly Bill 1804 – Crime: Fentanyl Trafficking

Recommendation

Legislative Committee recommend support of Assembly Bill 1804.

Summary

Introduced by Assembly Member Jim Patterson (R-8-Fresno), Assembly Bill 1804 reduces the amount of fentanyl involved in an investigation to authorize law enforcement to intercept communication involving the suspected parties.

Existing law authorizes a judge, upon a finding of probable cause that an individual is committing, has committed, or is about to commit offenses involving a substance containing fentanyl that exceeds 10 gallons by liquid volume or 3 pounds of solid substance by weight, to issue an order authorizing communication interception.

This bill would reduce the above-described amounts for an order authorizing communication interception to 1.67 gallons by liquid volume and 8 ounces of solid substance by weight of a substance containing fentanyl.

Background

The opioid epidemic has become a nationwide issue affecting communities across the country, including the City of Santa Clarita. Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine, making it a major contributor to drug overdose deaths.

In 2021, more than 80,000 people died from a synthetic opioid-related drug overdose in the United States according to the Centers for Disease Control and Prevention. Based on preliminary 2022 data from the California Department of Public Health, there were 7,385 opioid-related overdose deaths and 6,473 deaths related to fentanyl overdoses. In 2022, the Los Angeles County Sheriff’s Department reported 32 overdoses in the Santa Clarita Valley as a result of fentanyl.

Moreover, in 2022, there were 261 fentanyl-related overdose deaths among teenagers in California, ages 10–19 years old, according to the California Department of Public Health.

The Santa Clarita City Council supported similar legislation, Senate Bill 13 (Ochoa Bogh) Senate Bill 44 (Umberg) and Assembly Bill 367 (Maienschein), at the March 14, 2023, Regular City Council Meeting.

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Communication: Assembly Bill 1804 - Staff Report (ITEM 4 ASSEMBLY BILL 1804: Crime: Fentanyl Trafficking)

The recommendation to support Assembly Bill 1804 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 4 under the “State” section advises that the City Council, “Support legislation, regulatory proposals, or administrative actions that increase penalties for possession or purchase of fentanyl with the intention to sell or administer.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1804 was introduced on January 8, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

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Communication: Assembly Bill 1804 - Staff Report (ITEM 4 ASSEMBLY BILL 1804: Crime: Fentanyl Trafficking) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1804
Introduced by Assembly Member Jim Patterson
(Coauthors: Assembly Members Alanis, Chen, Davies, Gallagher, and Ta)
January 8, 2024
An act to amend Section 629.52 of the Penal Code, relating to crime. legislative counsel’s digest
AB 1804, as introduced, Jim Patterson. Crime: fentanyl trafficking.

Existing law authorizes the Attorney General or a district attorney to make an application, as specified, to a judge of a superior court, for an order authorizing the interception of wire or electronic communications.

Existing law authorizes a judge, upon a finding of probable cause as that an individual is committing, has committed, or is about to commit offenses involving a substance containing fentanyl or its precursors or analogs that exceeds 10 gallons by liquid volume or 3 pounds of solid substance by weight, to issue an order authorizing the interception.

This bill w ould reduce the abo ve-described amounts for an order authorizing interception to 1.67 gallons by liquid volume and 8 ounces of solid substance by weight of a substance containing fentan yl or its precursors or analogs.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 629.52 of the Penal Code is amended to line 2 read:

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Communication: Assembly Bill 1804 - Bill Text (ITEM 4 ASSEMBLY BILL 1804: Crime: Fentanyl Trafficking) line 1 629.52. Upon application made under Section 629.50, the judge line 2 may enter an ex parte order, as requested or modified, authorizing line 3 interception of wire or electronic communications initially line 4 intercepted within the territorial jurisdiction of the court in which line 5 the judge is sitting, if the judge determines, on the basis of the line 6 facts submitted by the applicant, all of the following:
line 7 (a)  There is probable cause to belie ve that an indi vidual is line 8 committing, has committed, or is about to commit, one of the line 9 following offenses:
line 10 (1)  Importation, possession for sale, transportation, manufacture, line 11 or sale of controlled substances in violation of Section 11351, line 12 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or line 13 11379.6 of the Health and Safety Code with respect to either of line 14 the following: a
line 15 (A)  A substance containing heroin, cocaine, PCP , line 16 methamphetamine, fentanyl, or their precursors or analogs where line 17 the substance exceeds 10 gallons by liquid volume or three pounds line 18 of solid substance by weight.
line 19 (B)  A substance containing fentanyl or its precursors or analogs line 20 where the substance exceeds 1.67 gallons by liquid volume or eight line 21 ounces of solid substance by weight.
line 22 (2)  Murder, solicitation to commit murder, a violation of Section line 23 209, or the commission of a felony involving a destructive device line 24 in violation of Section 18710, 18715, 18720, 18725, 18730, 18740, line 25 18745, 18750, or 18755.
line 26 (3)  A felony violation of Section 186.22.
line 27 (4)  A felony violation of Section 11418, relating to weapons of line 28 mass destruction, Section 11418.5, relating to threats to use line 29 weapons of mass destruction, or Section 11419, relating to line 30 restricted biological agents.
line 31 (5)  A violation of Section 236.1.
line 32 (6)  An attempt or conspirac y to commit an y of the line 33 above-mentioned crimes.
line 34 (b)  There is probable cause to belie ve that particular line 35 communications concerning the illegal activities will be obtained line 36 through that interception, including, b ut not limited to, line 37 communications that may be utilized for locating or rescuing a line 38 kidnap victim.
line 39 (c)  There is probable cause to belie ve that the f acilities from line 40 which, or the place where, the wire or electronic communications 99 — 2 — AB 1804

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Communication: Assembly Bill 1804 - Bill Text (ITEM 4 ASSEMBLY BILL 1804: Crime: Fentanyl Trafficking) line 1 are to be intercepted are being used, or are about to be used, in line 2 connection with the commission of the of fense, or are leased to, line 3 listed in the name of, or commonly used by the person whose line 4 communications are to be intercepted.
line 5 (d) Normal investigative procedures have been tried and ha ve line 6 failed or reasonably appear either unlik ely to succeed if tried or line 7 too dangerous.
line 8 (e) Notwithstanding any other pro vision in this section, no a line 9 magistrate shall not enter an ex parte order authorizing interception line 10 of wire or electronic communications for the purpose of line 11 investigating or recovering evidence of a prohibited violation, as line 12 defined in Section 629.51.

O
99 AB 1804 — 3 —

Packet Pg. 23
Communication: Assembly Bill 1804 - Bill Text (ITEM 4 ASSEMBLY BILL 1804: Crime: Fentanyl Trafficking)

Legislative Committee – February 13, 2024

Assembly Bill 1848 – Controlled Substances: Fentanyl

Recommendation

Legislative Committee recommend support of Assembly Bill 1848.

Summary

Introduced by Assembly Member Laurie Davies (R-74-Laguna Niguel), Assembly Bill 1848 adds fentanyl to an existing prosecutorial enhancement involving selling a controlled substance to a minor at youth-based facilities.

Existing law applies a sentence enhancement to crimes involving the soliciting or selling of a controlled substance to a minor at a playground, religious institution, youth center, day care facility, public swimming pool, or school-related programs. The controlled substances that apply to the sentence enhancement does not include fentanyl.

This bill would add fentanyl to the list of controlled substances that the special enhancement would apply to and would expand the parameters of the youth-based locations, adding a 1,000 feet radius to those locations.

Background

In 2021, more than 80,000 people died from a synthetic opioid-related drug overdose in the United States according to the Centers for Disease Control and Prevention (CDC). Based on preliminary 2022 data from the California Department of Public Health, there were 7,385 opioid- related overdose deaths and 6,473 deaths related to fentanyl overdoses. In 2022, the Los Angeles County Sheriff’s Department reported 32 overdoses in the Santa Clarita Valley as a result of fentanyl.

Moreover, in 2021, there were 230 fentanyl-related overdose deaths among teenagers in California, ages 15–19 years old, according to the California Department of Public Health.

Packet Pg. 24
Communication: Assembly Bill 1848 - Staff Report (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl)

The recommendation to support Assembly Bill 1848 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 4 under the “State” section advises that the City Council, “Support legislation, regulatory proposals, or administrative actions that increase penalties for possession or purchase of fentanyl with the intention to sell or administer.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1848 was introduced on January 17, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 25
Communication: Assembly Bill 1848 - Staff Report (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1848
Introduced by Assembly Member Davies
January 17, 2024
An act to amend Section 11353.1 of the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
AB 1848, as introduced, Davies. Controlled substances: fentanyl.

Existing la w mak es it a crime to solicit or encourage a minor to commit specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these pro visions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare f acilities, subject to punishment with an additional enhancement in the state prison of one year.

This bill would make that enhancement also apply to a violation of those pro visions with respect to fentan yl and w ould e xpand the parameters to within 1,000 feet of those specified locations.

By expanding the scope of crimes and creating new crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimb urse 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.

99 Packet Pg. 26
Communication: Assembly Bill 1848 - Bill Text (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl) Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11353.1 of the Health and Safety Code line 2 is amended to read:
line 3 11353.1. (a)   Notwithstanding any other provision of law, any line 4 person 18 years of age or over who is convicted of a violation of line 5 Section 11353, in addition to the punishment imposed for that line 6 conviction, shall receive an additional punishment as follows:
line 7 (1)   If the of fense in volved heroin, cocaine, cocaine base, line 8 fentanyl, or an y analog of these substances and occurred upon line 9 upon, or within 1,000 feet of, the grounds of, or within, a church line 10 or synagogue, a playground, a public or pri vate youth center , a line 11 child day care f acility, or a public swimming pool, during hours line 12 in which the facility is open for business, classes, or school-related line 13 programs, or at an y time when minors are using the f acility, the line 14 defendant shall, as a full and separately serv ed enhancement to line 15 any other enhancement provided in paragraph (3), be punished by line 16 imprisonment in the state prison for one year.
line 17 (2)   If the of fense involved heroin, cocaine, cocaine base, or line 18 any analog of these substances and occurred upon, or within 1,000 line 19 feet of, the grounds of any public or private elementary, vocational, line 20 junior high, or high school, during hours that the school is open line 21 for classes or school-related programs, or at any time when minors line 22 are using the facility where the offense occurs, the defendant shall, line 23 as a full and separately serv ed enhancement to an y other line 24 enhancement pro vided in paragraph (3), be punished by line 25 imprisonment in the state prison for two years. line 26 (3)   If the offense involved a minor who is at least four years line 27 younger than the defendant, the defendant shall, as a full and line 28 separately served enhancement to any other enhancement provided line 29 in this subdivision, be punished by imprisonment in the state prison line 30 for one, two, or three years, at the discretion of the court. line 31 (b)   The additional punishment pro vided in this section shall line 32 not be imposed unless the allegation is charged in the accusatory line 33 pleading and admitted by the defendant or found to be true by the line 34 trier of fact.
99 — 2 — AB 1848

Packet Pg. 27
Communication: Assembly Bill 1848 - Bill Text (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl) line 1 (c)   The additional punishment provided in this section shall be line 2 in addition to any other punishment provided by law and shall not line 3 be limited by any other provision of law.
line 4 (d)   Notwithstanding any other provision of law, the court may line 5 strike the additional punishment pro vided for in this section if it line 6 determines that there are circumstances in mitig ation of the line 7 additional punishment and states on the record its reasons for line 8 striking the additional punishment.
line 9 (e)   As used in this section the following definitions shall apply:
line 10 (1)   “Playground” means an y park or recreational area line 11 specifically designed to be used by children which that has play line 12 equipment installed, including public grounds designed for athletic line 13 activities such as baseball, football, soccer , or basketball, or any line 14 similar facility located on public or private school grounds, or on line 15 city, county, or state parks.
line 16 (2)   “Youth center” means any public or private facility that is line 17 primarily used to host recreational or social activities for minors, line 18 including, b ut not limited to, pri vate youth membership line 19 organizations or clubs, social service teenage club facilities, video line 20 arcades, or similar amusement park facilities.
line 21 (3)   “Video arcade” means any premises where 10 or more video line 22 game machines or de vices are operated, and where minors are line 23 legally permitted to conduct business.
line 24 (4)   “Video game machine” means any mechanical amusement line 25 device, which is characterized by the use of a cathode ray tube line 26 display and which, upon the insertion of a coin, slug, or tok en in line 27 any slot or receptacle attached to, or connected to, the machine, line 28 may be operated for use as a game, contest, or amusement. line 29 (5)   “Within 1,000 feet of the grounds of an y public or private line 30 elementary, vocational, junior high, or high school” means an y line 31 public area or b usiness establishment where minors are le gally line 32 permitted to conduct business which that is located within 1,000 line 33 feet of any public or pri vate elementary, vocational, junior high, line 34 or high school.
line 35 (6)   “Child day care f acility” has the meaning specified in line 36 Section 1596.750.
line 37 (f)   This section does not require either that notice be posted line 38 regarding the proscribed conduct or that the applicable 1,000-foot line 39 boundary limit be marked.
99 AB 1848 — 3 —

Packet Pg. 28
Communication: Assembly Bill 1848 - Bill Text (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl) line 1 SEC. 2. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 the only costs that may be incurred by a local agenc y or school line 4 district will be incurred because this act creates a ne w crime or line 5 infraction, eliminates a crime or infraction, or changes the penalty line 6 for a crime or infraction, within the meaning of Section 17556 of line 7 the Government Code, or changes the definition of a crime within line 8 the meaning of Section 6 of Article XIII B of the California line 9 Constitution.

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99 — 4 — AB 1848

Packet Pg. 29
Communication: Assembly Bill 1848 - Bill Text (ITEM 5 ASSEMBLY BILL 1848: Controlled Substances: Fentanyl)

Legislative Committee – February 13, 2024

Senate Bill 905 – Unlawful Entry of a Vehicle
1 Recommendation

Legislative Committee recommend support of Senate Bill 905.

Summary

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 905 removes a requirement that a vehicle must be locked in order for an individual to be convicted for vehicular burglary, making forcible entry into a vehicle with the intent to commit a theft an action punishable as either a misdemeanor or a felony.

Background

In order to convict a person under the current auto burglary statute, Penal Code Section 459, the prosecutor must prove that (1) the defendant entered a locked vehicle, and (2) when the defendant entered the locked vehicle they intended to commit theft (or any other felony).

The common law element of “breaking” has never been an essential element of statutory burglary in California. The only exception is auto burglary, which requires that the doors of a vehicle be locked.

Some prosecutors argue that, particularly in cases where a victim is unavailable, such as with tourists who cannot return to court, while there may be concrete evidence of a break in, it may prove difficult to establish that a vehicle was locked. This bill would eliminate the prosecutor’s duty to establish that a vehicle is locked, and instead require the prosecutor to prove forcible entry.

Statewide and local data shows that vehicle break-ins have decreased in comparison to 2019.

Statewide vehicle break-ins decreased by nearly 25 percent when comparing total vehicle break- ins in 2019 to break-ins in 2022, and in the City, vehicle break-ins decreased by 22 percent over that same period of time. Despite the recent reduction in vehicle break-ins statewide and locally, vehicle break-ins still occur too often, especially in dense metropolitan areas across the State.

This legislation attempts to address a loophole in the Penal Code and conform vehicle break-ins with other larceny or burglary break-ins.

The recommendation to support Senate Bill 905 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Packet Pg. 30
Communication: Senate Bill 905 - Staff Report (ITEM 6 SENATE BILL 905: Unlawful Entry of a Vehicle) 2 Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 905 was introduced on January 5, 2024. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 31
Communication: Senate Bill 905 - Staff Report (ITEM 6 SENATE BILL 905: Unlawful Entry of a Vehicle) SENATE BILL No. 905
Introduced by Senator Wiener
(Principal coauthor: Senator Jones)
(Principal coauthors: Assembly Members Cervantes, Friedman, and Villapudua)
(Coauthors: Senators Allen, Blakespear, Dodd, Glazer, Niello, Roth, Rubio, Seyarto, and Umberg)
(Coauthors: Assembly Members Lackey, Pellerin, Blanca Rubio, Ting, Wallis, and Wilson)
January 4, 2024
An act to add Section 465 to the Penal Code, relating to crime. legislative counsel’s digest
SB 905, as introduced, Wiener. Unlawful entry of a vehicle.

Existing law defines the crime of burglary to include entering a vehicle when the doors are lock ed with the intent to commit grand or petit larceny or a felon y. Existing la w mak es the b urglary of a v ehicle punishable as a misdemeanor or a felony.

This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to e xceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimb urse 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. State-mandated local program: yes.

99 Packet Pg. 32
Communication: Senate Bill 905 - Bill Text (ITEM 6 SENATE BILL 905: Unlawful Entry of a Vehicle) The people of the State of California do enact as follows:
line 1 SECTION 1. Section 465 is added to the Penal Code, to read:
line 2 465. (a)  A person who forcibly enters a vehicle, as defined in line 3 Section 670 of the Vehicle Code, with the intent to commit a theft line 4 therein is guilty of unlawful entry of a vehicle. line 5 (b)  Unlawful entry of a vehicle is punishable by imprisonment line 6 in a county jail for a period not to exceed one year or imprisonment line 7 pursuant to subdivision (h) of Section 1170.
line 8 (c)  As used in this section, forcible entry of a vehicle means the line 9 entry of a v ehicle accomplished through either of the follo wing line 10 means:
line 11 (1)  Force that damages the e xterior of the v ehicle, including, line 12 but not limited to, breaking a windo w, cutting a con vertible top, line 13 punching a lock, or prying open a door.
line 14 (2)  Use of a tool or de vice that manipulates the locking line 15 mechanism, including, without limitation, a slim jim or other line 16 lockout tool, a shaved key, jiggler key, or lock pick, or an electronic line 17 device such as a signal extender.
line 18 (d)  No person may be con victed both pursuant to this section line 19 and pursuant to Section 459.
line 20 SEC. 2. No reimbursement is required by this act pursuant to line 21 Section 6 of Article XIIIB of the California Constitution because line 22 the only costs that may be incurred by a local agenc y or school line 23 district will be incurred because this act creates a ne w crime or line 24 infraction, eliminates a crime or infraction, or changes the penalty line 25 for a crime or infraction, within the meaning of Section 17556 of line 26 the Government Code, or changes the definition of a crime within line 27 the meaning of Section 6 of Article XIII B of the California line 28 Constitution.

O
99 — 2 — SB 905

Packet Pg. 33
Communication: Senate Bill 905 - Bill Text (ITEM 6 SENATE BILL 905: Unlawful Entry of a Vehicle)

Legislative Committee – February 13, 2024

Senate Bill 923 - Theft
Recommendation

Legislative Committee recommend support of Senate Bill 923.

Summary

Authored by Senator Bob Archuleta (D-30-Norwalk), Senate Bill 923, amends Proposition 47 (2014) by reinstating the ability to charge a repeat offender, convicted of petty theft or shoplifting and who has two or more prior theft-related offenses, with a felony.

Subsequent to passage by the state legislature and approval by the Governor, this bill would become effective only if approved by voters through a ballot initiative at the next statewide general election through a ballot initiative.

Background

According to the Public Policy Institute of California which had researchers testify in front of the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16% in 2022 compared with 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13% over the same time period.

Additionally, the Santa Clarita City Council supported a similar bill, Assembly Bill 1708 (Muratsuchi), at the April 11, 2023, Regular City Council Meeting.

The recommendation to support Senate Bill 923 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises Packet Pg. 34
Communication: Senate Bill 923 - Staff Report (ITEM 7 SENATE BILL 923: Theft)

that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 923 was introduced on January 11, 2024. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 35
Communication: Senate Bill 923 - Staff Report (ITEM 7 SENATE BILL 923: Theft) SENATE BILL No. 923
Introduced by Senator Archuleta
January 11, 2024
An act to amend Sections 459.5 and 490.2 of, and to add Section 666.1 to, the Penal Code, relating to theft.
legislative counsel’s digest
SB 923, as introduced, Archuleta. Theft.

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

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

Existing la w pro vides that a person with a prior con viction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

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.

99 Packet Pg. 36
Communication: Senate Bill 923 - Bill Text (ITEM 7 SENATE BILL 923: Theft) 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, with the intent to steal retail property or merchandise, where line 7 the value of the property that is taken or intended to be taken does line 8 not exceed nine hundred fifty dollars ($950). Any other entry into line 9 a commercial establishment with intent to commit larcen y is line 10 burglary. Shoplifting shall be punished as a misdemeanor, except line 11 that a person with one or more prior con victions for an of fense 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. 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 Section 666.1 may line 22 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 line 25 may shall not also be charged with burglary or theft of the same line 26 property.
line 27 (c)  As used in this section, the following terms have the following line 28 meanings:
line 29 (1)  “Retail pr operty or mer chandise” means any article , line 30 product, commodity, item, or component intended to be sold in line 31 retail commerce.
line 32 (2)  “Value” means the retail value of an item as advertised by line 33 the affected retail establishment, including applicable taxes. line 34 SEC. 2. Section 490.2 of the Penal Code is amended to read:
99 — 2 — SB 923

Packet Pg. 37
Communication: Senate Bill 923 - Bill Text (ITEM 7 SENATE BILL 923: Theft) 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 person 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 Section 666.1 may line 13 be punished pursuant to that section.
line 14 (b)  This section shall does not be applicable apply to any theft line 15 that may be charged as an infraction pursuant to any other provision line 16 of law.
line 17 (c)  This section shall does not apply to theft of a firearm. line 18 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 19 666.1. (a)  (1)  Notwithstanding any other law, a person who line 20 has two or more prior convictions for any of the offenses listed in line 21 paragraph (2), and who is convicted of petty theft or shoplifting, line 22 is punishable by imprisonment in the county jail not e xceeding line 23 one year, or pursuant to subdivision (h) of Section 1170. line 24 (2)  This section applies to the following offenses:
line 25 (A)  Petty theft, as described in Section 488 or 490.2. line 26 (B)  Grand theft, as described in Chapter 5 (commencing with line 27 Section 484) of Title 13.
line 28 (C)  Theft from an elder or dependent adult as described in line 29 Section 368.
line 30 (D)  The theft or unauthorized use of a vehicle, as described in line 31 Section 10851 of the Vehicle Code.
line 32 (E)  Burglary, as described in Section 459.
line 33 (F)  Carjacking, as described in Section 215.
line 34 (G)  Robbery, as described in Section 211.
line 35 (H)  Receiving stolen property, as described in Section 496. line 36 (I)  Shoplifting, as described in Section 459.5. line 37 (J)  Identity theft or mail theft, as described in Section 530.5. line 38 (K)  Embezzlement, as described in Chapter 6 (commencing line 39 with Section 503) of Title 13.
line 40 (L)  Organized retail theft, as described in Section 490.4. 99 SB 923 — 3 —

Packet Pg. 38
Communication: Senate Bill 923 - Bill Text (ITEM 7 SENATE BILL 923: Theft) line 1 (b) This section does not preclude prosecution or punishment line 2 pursuant to any other law.
line 3 SEC. 4. This act amends the Safe Neighborhoods and Schools line 4 Act, an initiative statute approved by the voters at the November line 5 4, 2014, state wide general election as Proposition 47, and shall line 6 become effective only when submitted to and appro ved by the line 7 voters. The Secretary of State shall submit this act for approval by line 8 the voters at a statewide election in accordance with Section 9040 line 9 of the Elections Code.

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99 — 4 — SB 923

Packet Pg. 39
Communication: Senate Bill 923 - Bill Text (ITEM 7 SENATE BILL 923: Theft)

Legislative Committee – February 13, 2024

Senate Bill 928 – Crimes: Organized Theft

Recommendation

Legislative Committee recommend support of Senate Bill 928.

Summary

Introduced by Senator Roger Niello (R-6-Fair Oaks), Senate Bill 928 extends the sunset provisions indefinitely for special sentences for organized retail theft to be punishable as a misdemeanor or felony.

Background

Proposition 47 (2014) titled, “The Safe Neighborhoods and Schools Act,” reduced penalties for certain property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.

During the 2018 legislative year, the State Legislature passed Assembly Bill 1065 (Jones- Sawyer), which made retail theft three or more times within a 1-year period that exceeded $950 in value, punishable as a felony. Additionally, the bill established the California Highway Patrol Organized Retail Crime Task Force (ORCTF), to combat organized retail theft. The bill included a sunset for both provisions of January 1, 2021.

During the 2021 legislative year, the State Legislature passed Assembly Bill 331 (Jones-Sawyer), extending the provisions of Assembly Bill 1065 to January 1, 2026.

According to the Public Policy Institute of California, which had researchers testify to the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.

The recommendation to support Senate Bill 928 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Packet Pg. 40
Communication: Senate Bill 928 - Staff Report (ITEM 8 SENATE BILL 928: Organized Theft) Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 928 was introduced on January 12, 2024. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 41
Communication: Senate Bill 928 - Staff Report (ITEM 8 SENATE BILL 928: Organized Theft) SENATE BILL No. 928
Introduced by Senator Niello
January 12, 2024
An act to amend Section 490.4 of the Penal Code, relating to crimes. legislative counsel’s digest
SB 928, as introduced, Niello. Crimes: organized 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 reimb urse 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. State-mandated local program: yes.

99 Packet Pg. 42
Communication: Senate Bill 928 - Bill Text (ITEM 8 SENATE BILL 928: Organized Theft) The people of the State of California do enact as follows:
line 1 SECTION 1. Section 490.4 of the Penal Code is amended to line 2 read:
line 3 490.4. (a)  A person who commits any of the following acts is line 4 guilty of organized retail theft, and shall be punished pursuant to line 5 subdivision (b):
line 6 (1)  Acts in concert with one or more persons to steal line 7 merchandise from one or more merchant’ s premises or online line 8 marketplace with the intent to sell, e xchange, or return the line 9 merchandise for value.
line 10 (2)  Acts in concert with tw o or more persons to recei ve, line 11 purchase, or possess merchandise described in paragraph (1), line 12 knowing or believing it to have been stolen.
line 13 (3)  Acts as an agent of another individual or group of individuals line 14 to steal merchandise from one or more merchant’ s premises or line 15 online marketplaces as part of an organized plan to commit theft. line 16 (4)  Recruits, coordinates, or ganizes, supervises, directs, line 17 manages, or finances another to undertake any of the acts described line 18 in paragraph (1) or (2) or an y other statute defining theft of line 19 merchandise.
line 20 (b)  Organized retail theft is punishable as follows:
line 21 (1)  If violations of paragraph (1), (2), or (3) of subdi vision (a) line 22 are committed on tw o or more separate occasions within a line 23 12-month period, and if the aggregated value of the merchandise line 24 stolen, received, purchased, or possessed within that 12-month line 25 period exceeds nine hundred fifty dollars ($950), the of fense is line 26 punishable by imprisonment in a county jail not e xceeding one line 27 year or pursuant to subdivision (h) of Section 1170. line 28 (2)  Any other violation of paragraph (1), (2), or (3) of line 29 subdivision (a) that is not described in paragraph (1) of this line 30 subdivision is punishable by imprisonment in a county jail not line 31 exceeding one year.
line 32 (3)  A violation of paragraph (4) of subdivision (a) is punishable line 33 by imprisonment in a county jail not e xceeding one year or line 34 pursuant to subdivision (h) of Section 1170.
line 35 (c)  For the purpose of determining whether the defendant acted line 36 in concert with another person or persons in an y proceeding, the line 37 trier of fact may consider any competent evidence, including, but line 38 not limited to, all of the following:
99 — 2 — SB 928

Packet Pg. 43
Communication: Senate Bill 928 - Bill Text (ITEM 8 SENATE BILL 928: Organized Theft) line 1 (1)  The defendant has previously acted in concert with another line 2 person or persons in committing acts constituting theft, or an y line 3 related offense, including an y conduct that occurred in counties line 4 other than the county of the current of fense, if rele vant to line 5 demonstrate a fact other than the defendant’s disposition to commit line 6 the act.
line 7 (2)  That the defendant used or possessed an artifice, instrument, line 8 container, device, or other article capable of facilitating the removal line 9 of merchandise from a retail establishment without paying the line 10 purchase price and use of the artifice, instrument, container , or line 11 device or other article is part of an organized plan to commit theft. line 12 (3)  The property involved in the offense is of a type or quantity line 13 that w ould not normally be purchased for personal use or line 14 consumption and the property is intended for resale. line 15 (d)  In a prosecution under this section, the prosecutor shall not line 16 be required to charge any other coparticipant of the organized retail line 17 theft.
line 18 (e)  Upon conviction of an offense under this section, the court line 19 shall consider ordering, as a condition of probation, that the line 20 defendant stay away from retail establishments with a reasonable line 21 nexus to the crime committed.
line 22 (f)  This section shall remain in effect only until January 1, 2026, line 23 and as of that date is repealed.
line 24 SEC. 2. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 the only costs that may be incurred by a local agenc y or school line 27 district will be incurred because this act creates a ne w crime or line 28 infraction, eliminates a crime or infraction, or changes the penalty line 29 for a crime or infraction, within the meaning of Section 17556 of line 30 the Government Code, or changes the definition of a crime within line 31 the meaning of Section 6 of Article XIII B of the California line 32 Constitution.

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Packet Pg. 44
Communication: Senate Bill 928 - Bill Text (ITEM 8 SENATE BILL 928: Organized Theft)

Legislative CommitteeFebruary 13, 2024

Legislative Committee
February 13, 2024