california legislature—2023–24 regular session
ASSEMBLY BILL No. 3109
Introduced by Assembly Members Muratsuchi and Pacheco
February 16, 2024
An act to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to crimes.
legislative counsel’s digest
AB 3109, as introduced, Muratsuchi. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the v alue of the property tak en does not e xceed $950 and grand theft when the v alue e xceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larcen y if the v alue of the property tak en does not exceed $950, to be punished as a misdemeanor.
The bill would, if a person has one con viction for a specified theft offense, mak e a second or subsequent con viction punishable by imprisonment in the county jail not exceeding one year, or 16 months, or 2 or 3 years.
(2) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified.
This bill w ould, commencing January 1, 2026, authorize a city or county prosecuting authority or county probation department to create
99 a di version program for persons who commit theft or repeat theft offenses, as specified.
(3) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those 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. Section 666.1 is added to the Penal Code, to read:
line 2 666.1. (a) (1) Notwithstanding any other law, if a person has line 3 one conviction for any of the offenses listed in paragraph (2) and line 4 is con victed of a second or subsequent of fense, the second or line 5 subsequent conviction is punishable by imprisonment in the county line 6 jail not exceeding one year or pursuant to subdivision (h) of Section line 7 1170.
line 8 (2) This section applies to the following offenses:
line 9 (A) Petty theft, as described in Section 488.
line 10 (B) Grand theft, as described in Section 487.
line 11 (C) Shoplifting, as described in Section 459.5. line 12 SEC. 2. Chapter 2.97 (commencing with Section 1001.98) is line 13 added to Title 6 of Part 2 of the Penal Code, to read:
line 14
line 15 Chapter 2.97. Theft Crimes Diversion
line 16
line 17 1001.98. (a) The city or county prosecuting attorney or county line 18 probation department may create a diversion program pursuant to line 19 this section for persons who commit a theft offense or repeat theft line 20 offenses. The program may be conducted by the prosecuting line 21 attorney’s office or the county probation department. line 22 (b) Except as provided in subdivision (e), this chapter does not line 23 limit the power of the prosecuting attorne y to prosecute theft or line 24 repeat theft.
line 25 (c) If a county creates a diversion or deferred entry of judgment line 26 program for individuals committing theft or repeat theft offenses, line 27 on receipt of a case or at arraignment, the prosecuting attorne y line 28 shall either refer the case to the county probation department to line 29 conduct a prefiling in vestigation report to assess the 99 — 2 — AB 3109
line 1 appropriateness of program placement or , if the prosecuting line 2 attorney’s office operates the program, determine if the case is one line 3 that is appropriate to be referred to the program. In determining line 4 whether to refer a case to the program, the probation department line 5 or prosecuting attorney shall consider, but is not limited to, all of line 6 the following factors:
line 7 (1) Any prefiling investigation report conducted by the county line 8 probation department or nonprofit contract agenc y operating the line 9 program that e valuates the indi vidual’s risk and needs and the line 10 appropriateness of program placement.
line 11 (2) If the person demonstrates a willingness to eng age in line 12 community service, restitution, or other mechanisms to repair the line 13 harm caused by the criminal acti vity and address the underlying line 14 drivers of the criminal activity.
line 15 (3) If a risk and needs assessment identifies underlying substance line 16 abuse or mental health needs or other drivers of criminal activity line 17 that can be addressed through the di version or deferred entry of line 18 judgment program.
line 19 (4) If the person has a violent or serious prior criminal record line 20 or has previously been referred to a diversion program and failed line 21 that program.
line 22 (5) Any rele vant information concerning the efficac y of the line 23 program in reducing the lik elihood of participants committing line 24 future offenses.
line 25 (d) On referral of a case to the program, a notice shall be line 26 provided to the person alleged to have committed the offense with line 27 both of the following information:
line 28 (1) The date by which the person must contact the di version line 29 program or deferred entry of judgment program in the manner line 30 designated by the supervising agency.
line 31 (2) A statement of the penalty for the of fense or offenses with line 32 which that person has been charged.
line 33 (e) The prosecuting attorney may enter into a written agreement line 34 with the person to refrain from, or defer, prosecution on the offense line 35 or offenses on the following conditions:
line 36 (1) Completion of the program requirements such as community line 37 service or courses reasonably required by the prosecuting attorney. line 38 (2) Making adequate restitution or an appropriate substitute for line 39 restitution to the victim.
line 40 (f) This chapter shall become operative on January 1, 2026. 99 AB 3109 — 3 —
line 1 SEC. 3. This act amends the Safe Neighborhoods and Schools line 2 Act, an initiative statute approved by the voters at the November line 3 4, 2014, state wide general election as Proposition 47, and shall line 4 become effective only when submitted to and appro ved by the line 5 voters. The Secretary of State shall submit Section 1 of this act for line 6 approval by the voters at a statewide election in accordance with line 7 Section 9040 of the Elections Code.
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99 — 4 — AB 3109