Bill Text: CA SB916 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Unlawful entry of a vehicle.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2018-05-25 - May 25 hearing: Held in committee and under submission. [SB916 Detail]

Download: California-2017-SB916-Amended.html

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Amended  IN  Senate  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 916

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Introduced by Senator Wiener
(Principal coauthor: Assembly Member Arambula)
(Coauthors: Assembly Members Chiu Cervantes, Chiu, Rodriguez, and Ting)

January 22, 2018

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An act to amend Section 459 of add Section 465 to the Penal Code, relating to crime.

LEGISLATIVE COUNSEL'S DIGEST

SB 916, as amended, Wiener. Burglary of a vehicle. Unlawful entry of a vehicle.

Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Burglary of a vehicle is punishable as a misdemeanor.

This bill would include in the definition of burglary entering a vehicle by forced entry with the intent to commit grand or petit larceny or a felony. By expanding the definition of a crime, this bill would impose a state-mandated local program.

This bill would make entering a vehicle with the intent to commit a theft therein a crime punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail for 2, 3, or 4 years. 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 465 is added to the Penal Code, to read:

465.

 (a) A person who enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.

(b) Unlawful entry of a vehicle is punishable by imprisonment in the county jail for a period not to exceed one year or imprisonment in the county jail pursuant to subdivision (h) of Section 1170.

(c) The provisions of this section do not restrict the application of any other law. However, an act or omission punishable pursuant to multiple provisions of law shall not be punished under more than one provision.

SECTION 1.Section 459 of the Penal Code is amended to read:

459.

(a)A person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle, as defined by the Vehicle Code, when the doors are locked or forced entry is used, aircraft, as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or a felony is guilty of burglary.

(b)For purposes of this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is inhabited if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

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.