Amended IN Assembly April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 875

Introduced by Assembly ~~Member~~ Members Cooper, Cervantes, and Lackey

February 16, 2017

An act to amend ~~Section 6229 of the Penal Code, relating to restitution centers.~~ Sections 459.5, 490.2, and 666 of the Penal Code, relating to theft.

LEGISLATIVE COUNSEL'S DIGEST

AB 875, as amended, Cooper. ~~Restitution centers.~~Petty theft: subsequent convictions.

Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years.
Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months up to 3 years. If the defendant completes the program, the criminal charges are dismissed.
This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes.
The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only 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 statewide general election.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and operate restitution centers, the purpose of which is to provide a means for those sentenced to prison to pay their victims’ financial restitution. Existing law establishes, in each county, city, or city and county in which a restitution center is established, a restitution center community advisory board, which is made up of specified members, including either the sheriff or the chief of police of the local jurisdiction and 2 public members chosen by the city council or board of supervisors.
This bill would instead require a restitution center community advisory board to include both the sheriff and, if applicable, the chief of police, and 3 public members chosen by the city council or board of supervisors. By imposing additional duties on local governments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~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 with intent to commit larceny while that establishment is open during regular business hours, 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,~~ misdemeanor, except as provided in subdivisions (a) and (c) of Section 666, and except that 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.

(b) ~~Any~~ Except as provided in subdivisions (a) and (c) of Section 666, any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.

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, or 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 that such~~ misdemeanor, except as provided in subdivisions (a) and (c) of Section 666, and 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 to any theft that may be charged as an infraction pursuant to any other provision of law.

SEC. 3.

Section 666 of the Penal Code is amended to read:

666.

(a) Notwithstanding Section 490, ~~any~~ every person who, having been convicted three or more times of petty theft or shoplifting, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.

(b) (1) Notwithstanding subdivision (a), the court may grant deferred entry of judgment to a defendant described in subdivision (a) who has pleaded guilty or nolo contendere to, or was convicted of, an offense described in subdivision (a) if he or she meets all of the requirements in paragraph (2). The court may determine the conditions of deferment, including, but not limited to, drug rehabilitation programs and alcohol addiction programs. The period during which deferred entry of judgment is granted shall be for no less than 18 months nor longer than three years. Progress reports shall be filed by the probation department with the court as directed by the court.
(2) Deferred entry of judgment may be granted pursuant to this subdivision if both of the following criteria are met:
(A) The court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the defendant’s drug or alcohol addiction played a significant role in the commission of the offense.
(B) The court is satisfied that the defendant would benefit from drug or alcohol treatment.
(3) A defendant is not eligible for deferred entry of judgment if the defendant has a prior conviction for a violent felony, as defined in subdivision (c) of Section 667.5, for a serious felony, as defined in subdivision (c) of Section 1192.7, if the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9, or if the defendant previously participated in a deferment program pursuant to this subdivision within the previous five years.
(4) If it appears to the court that the person is performing unsatisfactorily in the assigned program, is convicted of a criminal offense while on deferment, or that the person is not benefiting from the treatment and services provided pursuant to the deferment program, the court shall, after notice to the person, hold a hearing to determine whether deferment should be terminated and the sentence imposed.
(5) If the person has performed satisfactorily during the period of deferred entry of judgment, at the end of the period of deferment, the criminal charges shall be dismissed. Upon dismissal of the charges, a record shall be filed with the Department of Justice indicating the disposition of the case deferred pursuant to this section. Upon successful completion of a deferment program, the arrest upon which the deferment was based shall be deemed never to have occurred. The person who successfully completes the deferment program may indicate in response to any question concerning his or her criminal record that he or she was not arrested for the offense, except this subdivision does not relieve the person who successfully completes deferment pursuant to this section of his or her obligation to disclose the arrest in a response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.

(c) Notwithstanding Section 490, any person described in ~~subdivision (b)~~ paragraph (1) who, having been convicted of petty theft, shoplifting, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.

(b)Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
~~(c)This section shall~~

(2) This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

SEC. 4.

Sections 1, 2, and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. The Secretary of State shall submit Sections 1, 2, and 3 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.

SECTION 1.Section 6229 of the Penal Code is amended to read:
6229.
In each county, city, or city and county, in which a restitution center is established, there shall be a restitution center community advisory board to assist the Secretary of the Department of Corrections and Rehabilitation in establishing and promoting the restitution program of the center. The board shall include the sheriff and, if applicable, chief of police of the local jurisdiction, the district attorney, a superior court judge selected by the presiding superior court judge, the chief probation officer, a member of the city council or the board of supervisors of the local jurisdiction, selected by the council or board, and three public members chosen by the city council or board of supervisors. The public member shall serve for two years. All members shall receive only actual expenses approved by the Secretary of the Department of Corrections and Rehabilitation. The expenses shall be paid by the Department of Corrections and Rehabilitation.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.