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:
99 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