Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 923

Introduced by Senator Archuleta
(Coauthors: Senators Alvarado-Gil, Dodd, Grove, Hurtado, Jones, Nguyen, Niello, Ochoa Bogh, Roth, Seyarto, and Wilk)
(Coauthor: Assembly Member Lackey)

January 11, 2024

An act to amend Sections 459.5 and 490.2 of, and to add Section 666.1 to, the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


SB 923, as amended, Archuleta. Theft.
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, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.
This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise.
Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years, and would make conforming changes.
This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 459.5 of the Penal Code is amended to read:

459.5.
 (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment while that establishment is open during regular business hours, hours with the intent to steal retail property or merchandise, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except as follows:
(1) A person with 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 may be punished pursuant to subdivision (h) of Section 1170.
(2) A person who meets the requirements of Section 666.1 may be punished pursuant to that section.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. A person who is charged with shoplifting shall not also be charged with burglary or theft of the same property.
(c) As used in this section, the following terms have the following meanings:
(1) “Retail property or merchandise” means any article, product, commodity, item, or component intended to be sold in retail commerce.
(2) “Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes.

SEC. 2.

 Section 490.2 of the Penal Code is amended to read:

490.2.
 (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real 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 as follows:
(1) A 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.
(2) A person who meets the requirements of Section 666.1 may be punished pursuant to that section.
(b) This section does not apply to any theft that may be charged as an infraction pursuant to any other law.
(c) This section does not apply to theft of a firearm.

SEC. 3.

 Section 666.1 is added to the Penal Code, to read:

666.1.
 (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.
(2) This section applies to the following offenses:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Chapter 5 (commencing with Section 484) of Title 13.
(C) Theft from an elder or dependent adult as described in Section 368.
(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft or mail theft, as described in Section 530.5.
(K) Embezzlement, as described in Chapter 6 (commencing with Section 503) of Title 13.
(L) Organized retail theft, as described in Section 490.4.
(b) This section does not preclude prosecution or punishment pursuant to any other law.

SEC. 4.

 This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.