Bill Text: CA SB1416 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentencing enhancements: sale, exchange, or return of stolen property.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2024-08-16 - Chaptered by Secretary of State. Chapter 174, Statutes of 2024. [SB1416 Detail]
Download: California-2023-SB1416-Amended.html
TWO_THIRDSMAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
SEC. 3.
Bill Title: Sentencing enhancements: sale, exchange, or return of stolen property.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2024-08-16 - Chaptered by Secretary of State. Chapter 174, Statutes of 2024. [SB1416 Detail]
Download: California-2023-SB1416-Amended.html
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July 01, 2024 |
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Amended
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Assembly
June 20, 2024 |
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Amended
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June 04, 2024 |
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May 16, 2024 |
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April 16, 2024 |
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Amended
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March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1416
| Introduced by Senator Newman (Coauthors: Senators Atkins, Allen, Becker, Blakespear, Cortese, Dodd, McGuire, Min, Rubio, and Stern) |
February 16, 2024 |
An act to add and repeal Section 12022.10 of the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately. 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 buildings, places, or vehicles with the intent to commit grand or petty theft or a felony.
This bill would, until January 1, 2030, create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program.
The bill would make these changes inoperative if a specified initiative is approved by the voters.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12022.10 is added to the Penal Code, to read:12022.10.
(a) When a person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows:(1) If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year.
(2) If the property value exceeds
two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years.
(3) If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years.
(4) If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years.
(5) For each property value of
three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) When a person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a).
(c) In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed when the aggregate value of the property involved exceeds the amounts specified in
this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(d) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(e) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
(f) (1)It is the intent
of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. For that reason, this section shall remain in effect only until January 1, 2030, and as of that date is repealed unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.
(2)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.
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.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.
