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 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.
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99 — 2 — SB 905