Bill Text: CA SB1434 | 2011-2012 | Regular Session | Introduced

California Senate Bill 1434 (Prior Session Legislation)

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

Bill Title: Location information: warrants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB1434 Detail]

Download: California-2011-SB1434-Introduced.html

BILL NUMBER: SB 1434	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to amend Section 496 of the Penal Code, relating to
property crime.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1434, as introduced, Leno. Receiving stolen property.
   Under existing law, a person who buys or receives property that
has been stolen or that has been obtained in a manner constituting
theft or extortion, knowing the property to be so stolen or obtained,
or who conceals, sells, withholds, or aids in concealing, selling,
or withholding property from the owner, knowing the property to be so
stolen or obtained, is guilty of either a misdemeanor or a felony,
as prescribed. Under existing law, a swap meet vendor, as defined, or
a person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives property of a
value in excess of $950 that has been stolen or obtained in a manner
constituting theft or extortion, under circumstances that should
cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry is guilty of a
misdemeanor or a felony, as specified. If the value of the property
is less than $950, the crime is a misdemeanor. Existing law
authorizes treble damages, as well as costs of suit and reasonable
attorney's fees, for anyone harmed by these crimes.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 496 of the Penal Code is amended to read:
   496.  (a)  Every   (1)    
A  person who buys or receives  any  property
that has been stolen or that has been obtained in  any
  a  manner constituting theft or extortion,
knowing the property to be so stolen or obtained, or who conceals,
sells, withholds, or aids in concealing, selling, or withholding
 any  property from the owner, knowing the property
to be so stolen or obtained, shall be punished by imprisonment in a
county jail for not more than one year, or imprisonment pursuant to
subdivision (h) of Section 1170. However, if the district attorney or
the grand jury determines that this action would be in the interests
of justice, the district attorney or the grand jury, as the case may
be, may, if the value of the property does not exceed nine hundred
fifty dollars ($950), specify in the accusatory pleading that the
offense shall be a misdemeanor, punishable only by imprisonment in a
county jail not exceeding one year. 
    A 
    (2)     A   principal in the
actual theft of the property may be convicted pursuant to this
section. However, no person may be convicted both pursuant to this
section and of the theft of the same property.
   (b)  Every   (1)     A
 swap meet vendor, as defined in Section 21661 of the Business
and Professions Code, and  every   a 
person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives  any
 property of a value in excess of nine hundred fifty dollars
($950) that has been stolen or obtained in  any 
 a  manner constituting theft or extortion, under
circumstances that should cause the person, agent, employee, or
representative to make reasonable inquiry to ascertain that the
person from whom the property was bought or received had the legal
right to sell or deliver it, without making a reasonable inquiry,
shall be punished by imprisonment in a county jail for not more than
one year, or imprisonment pursuant to subdivision (h) of Section
1170. 
    Every 
    (2)     A  swap meet vendor, as
defined in Section 21661 of the Business and Professions Code, and
 every  a  person whose principal business
is dealing in, or collecting, merchandise or personal property, and
 every   an  agent, employee, or
representative of that person, who buys or receives any property of a
value of nine hundred fifty dollars ($950) or less that has been
stolen or obtained in  any   a  manner
constituting theft or extortion, under circumstances that should
cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of a
misdemeanor.
   (c)  Any   A  person who has been
injured by a violation of subdivision (a) or (b) may bring an action
for three times the amount of actual damages, if any, sustained by
the plaintiff, costs of suit, and reasonable attorney's fees.
   (d) Notwithstanding Section 664,  any   an
 attempt to commit  any   an  act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment
in a county jail for not more than one year, or by imprisonment
pursuant to subdivision (h) of Section 1170.