Bill Text: CA AB2444 | 2011-2012 | Regular Session | Introduced

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Bill Title: Grand theft: taking in concert.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-24 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2444 Detail]

Download: California-2011-AB2444-Introduced.html

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BILL NUMBER: AB 2444	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2444, as introduced, Portantino. Grand theft: taking in
concert.
   Existing law generally provides that grand theft is theft
committed when the money, labor, or real or personal property taken
is of a value exceeding $950 and is punishable as either a
misdemeanor or a felony. Existing law further provides that if 2 or
more persons conspire to commit a crime, that conspiracy is
punishable as either a misdemeanor or felony, as specified.
   This bill would additionally provide that grand theft occurs where
money, labor, or real or personal property in an aggregate amount of
$950 is taken as a result of an agreement or prior arrangement to
take and the taking is made in concert with one or more other
individuals. By creating a new 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 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 domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops 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 domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops 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. 
   (4) Where money, labor, or real or personal property is taken as
the result of an agreement, or by a prior arrangement to take, and
the taking is made in concert with one or more other individuals, and
where the aggregate amount taken by all participating individuals
exceeds nine hundred fifty dollars ($950). 
   (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.
  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.