AMENDED IN SENATE APRIL 16, 2024
AMENDED IN SENATE MARCH 20, 2024
SENATE BILL No. 1416
Introduced by Senator Newman
(Coauthor: Senator Allen)
February 16, 2024
An act to add Section 12022.10 to the Penal Code, relating to crimes. legislative counsel’s digest
SB 1416, as amended, Newman. Sentencing enhancements: sale, exchange, or return of stolen property.
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified b uildings, places, or v ehicles with the intent to commit grand or petty theft or a felony.
This bill w ould create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for v alue, any property acquired through one or more acts of shoplifting, theft, or b urglary from a retail b usiness, if the property value e xceeds specified amounts. The bill w ould additionally mak e these enhancements apply to any person acting in concert with another person to violate these pro visions. By adding ne w sentencing enhancements, 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.
97 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. Section 12022.10 is added to the Penal Code, to line 2 read:
line 3 12022.10. (a) When any a person sells, exchanges, or returns line 4 for value, or attempts to sell, exchange, or return for value, property line 5 acquired through one or more acts of shoplifting, theft, or burglary line 6 from a retail b usiness, whether or not the person committed the line 7 act of shoplifting, theft, or b urglary, the court shall impose an line 8 additional term as follows:
line 9 (1) If the property v alue e xceeds fifty thousand dollars line 10 ($50,000), the court, in addition and consecutive to the punishment line 11 prescribed for the crime of which the defendant has been convicted, line 12 shall impose an additional term of one year.
line 13 (2) If the property value exceeds two hundred thousand dollars line 14 ($200,000), the court, in addition and consecuti ve to the line 15 punishment prescribed for the crime of which the defendant has line 16 been convicted, shall impose an additional term of two years. line 17 (3) If the property v alue e xceeds one million dollars line 18 ($1,000,000), the court, in addition and consecuti ve to the line 19 punishment prescribed for the crime of which the defendant has line 20 been convicted, shall impose an additional term of three years. line 21 (4) If the property v alue e xceeds three million dollars line 22 ($3,000,000), the court, in addition and consecuti ve to the line 23 punishment prescribed for the crime of which the defendant has line 24 been convicted, shall impose an additional term of four years. line 25 (5) For each property value of three million dollars ($3,000,000), line 26 the court shall impose a term of one year in addition to the term line 27 specified in paragraph (4).
line 28 (b) When an y a person acts in concert with another to sell, line 29 exchange, or return for v alue, or attempts to sell, e xchange, or line 30 return for v alue, property acquired through one or more acts of line 31 shoplifting, theft, or b urglary from a retail b usiness, whether or line 32 not the person committed the act of shoplifting, theft, or burglary, line 33 the court shall impose the additional term specified in subdivision line 34 (a).
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line 1 (c) In an accusatory pleading in volving multiple char ges of line 2 sales, exchanges, or returns for value, or attempts to do the same, line 3 the additional terms pro vided in this section may be imposed if line 4 the aggregate value of the property involved exceeds the amounts line 5 specified in this section and arises from a common scheme or plan. line 6 All pleadings under this section are subject to the rules of joinder line 7 and severance stated in Section 954.
line 8 (d) The additional terms pro vided in this section shall not be line 9 imposed unless the facts relating to the amounts pro vided in this line 10 section are charged in the accusatory pleading and admitted by the line 11 defendant or found to be true by the trier of fact. line 12 (e) Notwithstanding any other la w, the court may impose an line 13 enhancement pursuant to this section and another section on a line 14 single count.
line 15 SEC. 2. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 the only costs that may be incurred by a local agenc y or school line 18 district will be incurred because this act creates a ne w crime or line 19 infraction, eliminates a crime or infraction, or changes the penalty line 20 for a crime or infraction, within the meaning of Section 17556 of line 21 the Government Code, or changes the definition of a crime within line 22 the meaning of Section 6 of Article XIII B of the California line 23 Constitution.
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