california legislature—2023–24 regular session
ASSEMBLY BILL No. 2814
Introduced by Assembly Member Low
February 15, 2024
An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes.
legislative counsel’s digest
AB 2814, as introduced, Low. Crimes: unla wful entry: intent to commit package theft.
Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and b urglary in the 2nd de gree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill w ould prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or deli vered by a public or pri vate carrier. The bill would mak e a violation of that prohibition punishable as either a misdemeanor or a felon y, as specified. By creating a ne w crime, the 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.
The bill would provide that no reimbursement is required by this act for a specified reason.
99 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. Chapter 9 (commencing with Section 540) is line 2 added to Title 13 of Part 1 of the Penal Code, to read:
line 3
line 4 Chapter 9. Unlawful Entry onto Property
line 5
line 6 540. (a) A person shall not enter the curtilage of a home with line 7 the intent to commit theft of a package shipped through the mail line 8 or delivered by a public or private carrier.
line 9 (b) A violation of subdivision (a) is punishable by imprisonment line 10 in the county jail not exceeding one year or pursuant to subdivision line 11 (h) of Section 1170.
line 12 (c) For purposes of this section, “curtilage” means an area line 13 adjacent to or in the immediate area of the home, and to which the line 14 activity of home life extends, including, but not limited to, a porch, line 15 doorstep, patio, stoop, driveway, hallway, or enclosed yard. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agenc y or school line 19 district will be incurred because this act creates a ne w crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIII B of the California line 24 Constitution.
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99 — 2 — AB 2814