Bill Text: CA SB452 | 2015-2016 | Regular Session | Amended
Bill Title: Theft: firearms.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB452 Detail]
Download: California-2015-SB452-Amended.html
BILL NUMBER: SB 452 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
INTRODUCED BY Senator Galgiani
( Coauthor: Senator Anderson
)
FEBRUARY 25, 2015
An act to amend Sections 490.2 and 496
Section 490.2 of the Penal Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
SB 452, as amended, Galgiani. Theft: firearms.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted
by Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, requires the theft of property that does
not exceed $950 to be considered petty theft, and makes the crime
punishable as a misdemeanor, except in cases when the defendant has
previously been convicted of one or more specified serious or violent
felonies or an offense requiring registration as a sex offender.
This bill would, upon approval by the voters, make the theft of a
firearm grand theft in all cases, punishable by imprisonment in the
state prison for 16 months, or 2 or 3 years. This bill
would, upon approval by the voters, make the theft of property taken
from the person of another grand theft in all cases, punishable by
imprisonment in a county jail not exceeding one year or by
imprisonment in a county jail for 16 months, or 2 or 3 years.
(2) Under existing law, every person who buys or receives any
property that has been stolen, knowing the property to be stolen, is
guilty of a misdemeanor or a felony, except that if the value of the
property does not exceed $950, Proposition 47 makes the offense
punishable as a misdemeanor if the defendant has not previously been
convicted of one or more specified serious or violent felonies or an
offense requiring registration as a sex offender.
This bill would, upon approval by the voters, make buying or
receiving a stolen firearm a misdemeanor or a felony.
(3)
(2) The California Constitution authorizes the
Legislature to amend or repeal an initiative statute by another
statute that becomes effective when approved by the electors.
This bill would provide that it would become effective only upon
approval of the voters, and would provide for the submission of this
measure to the voters for approval at the next statewide general
election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature in submitting this act to the
electors finds and declares all of the following:
(1) The theft of firearms, the receipt of stolen
firearms, and the theft of property when the property is taken from
the person of another, pose dangers to public safety that are
different in kind from other types of theft or the receipt of other
types of stolen property. firearms pose a danger to
public safety that is different in kind from other types of theft.
(2) Many handguns have a value of less than nine hundred fifty
dollars ($950). The threat to public safety in regard to stolen
firearms goes above and beyond the monetary value of the firearm.
(3) Given the significant and particular threat to public safety
in regard to stolen firearms and the theft of property when
the property is taken from the person of another,
firearms, it is appropriate to restore the penalties that
existed prior to the passage of the Safe Neighborhoods and Schools
Act in regard to stolen firearms.
(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voter's decision to decrease
penalties for low-level theft and receiving stolen property, only to
give the voters the opportunity to decide whether firearm
thefts, the receipt of stolen firearms, and the theft of property
when the property is taken from the person of another
thefts should be subject to penalties that existed prior to the
passage of the Safe Neighborhoods and Schools Act.
SEC. 2. Section 490.2 of the Penal Code is amended to read:
490.2. (a) Notwithstanding Section 487 or any other law defining
grand theft, except as provided in subdivisions (c) and (d),
in subdivision (c), obtaining any property by
theft where the value of the money, labor, real property, or personal
property taken does not exceed nine hundred fifty dollars ($950)
shall be considered petty theft and shall be punished as a
misdemeanor, except that the person may instead be punished pursuant
to subdivision (h) of Section 1170 if that person has one or more
prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667
or for an offense requiring registration pursuant to subdivision (c)
of Section 290.
(b) This section shall not be applicable
does not apply to any theft that may be charged as an
infraction pursuant to any other provision of law.
(c) If the property taken is a firearm as specified in paragraph
(2) of subdivision (d) of Section 487, the theft is grand theft in
all cases, and is punishable pursuant to subdivision (a) of Section
489.
(d) If the property taken is taken from the person of another as
specified in subdivision (c) of Section 487, the theft is grand theft
in all cases, and is punishable pursuant to subdivision (c) of
Section 489
SEC. 3. Section 496 of the Penal Code is
amended to read:
496. (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any 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, except as provided in
subdivision (e), if the value of the property does not exceed nine
hundred fifty dollars ($950), the offense shall be a misdemeanor,
punishable only by imprisonment in a county jail not exceeding one
year, if the person has no prior convictions for an offense specified
in clause (iv) of subparagraph (C) of paragraph (2) of subdivision
(e) of Section 667 or for an offense requiring registration pursuant
to subdivision (c) of Section 290.
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 swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every 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 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 swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every 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 of nine hundred
fifty dollars ($950) or less that has been stolen or obtained in any
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 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 attempt to commit any 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.
(e) Notwithstanding subdivision (a), every person who buys or
receives a firearm that has been stolen or that has been obtained in
any 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.
SEC. 4. Sections 2 and 3
SEC. 3. Section 2 of this act amend
amends the Safe Neighborhoods and Schools Act,
Proposition 47, an initiative statute, and shall become effective
only when submitted to and approved by the voters. The Secretary of
State shall submit Sections 1, 2, and 3 1 and
2 of this act for approval by the voters at a statewide
election in accordance with Section 9040 of the Elections Code.
