Bill Text: CA AB1779 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1779

Bill Title: Theft: jurisdiction.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed) 2024-07-01 - Read second time. Ordered to third reading. [AB1779 Detail]

Download: California-2023-AB1779-Amended.html

Amended IN Senate June 29, 2024

Amended IN Senate June 20, 2024

Amended IN Assembly April 25, 2024

Amended IN Assembly March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1779

Introduced by Assembly Member Irwin
~~(Principal coauthors: Assembly Members Cervantes and Petrie-Norris)~~(Principal coauthor: Assembly Member Cervantes)
(Coauthors: Assembly Members Alanis, Juan Carrillo, ~~Dixon,~~ Flora, Gipson, ~~Hoover, Lackey, Stephanie Nguyen,~~ Pacheco, ~~Ramos, Rodriguez,~~ Villapudua, ~~Wallis,~~ and Zbur)
~~(Coauthors: Senators Newman and Wilk)~~(Coauthor: Senator Newman)

January 03, 2024

An act to ~~amend, repeal, and add~~ amend Section 786.5 of the Penal Code, relating to ~~crimes, and declaring the urgency thereof, to take effect immediately.~~ crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1779, as amended, Irwin. Theft: jurisdiction.

Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law 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 was recovered, or the county where any 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 above to criminal actions brought by the Attorney General.

This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. The bill would require the prosecution to present written evidence at the hearing that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction.

~~The bill would make these changes inoperative if a specified initiative is approved by the voters.~~
~~This bill would declare that it is to take effect immediately as an urgency statute.~~

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 786.5 of the Penal Code is amended to read:

786.5.

(a) The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496.

(b) The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496.

(c)If the proposed initiative measure titled “The Homelessness, Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) is approved by the voters at the statewide general election on November 5, 2024, this section shall become inoperative on the fifth day after the Secretary of State files the statement of the vote for the election, and shall be repealed on January 1, 2025.

SEC. 2.Section 786.5 is added to the Penal Code, to read:
786.5.
(a)The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or 496.
(b)If the proposed initiative measure titled “The Homelessness, Drug Addiction, and Theft Reduction Act” (Initiative 23-0017A1) is approved by the voters at the statewide general election on November 5, 2024, this section shall become operative on the fifth day after the Secretary of State files the statement of the vote for the election.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
~~To address the increase in community-based crime and retail theft and to provide broader public safety, it is necessary that this act take effect immediately.~~