Bill Text: CA AB2372 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Grand theft: property value threshold.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 693, Statutes of 2010. [AB2372 Detail]

Download: California-2009-AB2372-Amended.html

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BILL NUMBER: AB 2372	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 19, 2010

   An act to amend Section 487 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2372, as amended, Ammiano. Grand theft: property value
threshold.
   Existing law generally provides that grand theft is theft when the
money, labor, or real or personal property taken is of a value
exceeding $400.
   This bill would increase the value threshold for committing grand
theft from $400 to  $1,000  $950  . By
revising an element of an existing crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 487 of the Penal Code is amended to read:
   487.  Grand theft is theft committed in any of the following
cases:
   (a) When the money, labor, or real or personal property taken is
of a value exceeding  one thousand dollars ($1,000) 
 nine hundred fifty dollars ($950)  , except as provided in
subdivision (b).
   (b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
   (1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
   (B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds two hundred fifty dollars
($250), that value may be shown by the presentation of credible
evidence which establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
   (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
   (3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
   (c) When the property is taken from the person of another.
   (d) When the property taken is any of the following:
   (1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
   (2) A firearm.
   (e) This section shall become operative on January 1, 1997.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.