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 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
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 —
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