HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - AB 1597O
Agenda Item: 5
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44-1)
DATE: February 8, 2022
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1597
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support
Assembly Bill 1597 (Waldron) and transmit position statements to Assembly Member Waldron,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, League of California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Assembly Member Marie Waldron (R-75-Escondido), Assembly Bill 1597
reinstates prosecutorial authority to charge someone with a felony and imprisonment of up to
three years if they have been previously convicted three or more times of petty theft, shoplifting,
grand theft, burglary, auto theft, robbery, elder financial abuse, or knowingly receiving stolen
property. This provision of state law was originally repealed with the passage of Proposition 47
(2014).
Upon passage by the state legislature and approval by the Governor, this amendment to
Proposition 47 (2014) is to be placed on the general election ballot on November 81 2022, and
requires a majority vote for final approval.
Proposition 47 (2014) titled, "The Safe Neighborhoods and Schools Act," was approved by
voters (59.6 percent - 40.4 percent) on November 4, 2014, and went into effect on November 5,
2014. At the City level, the measure failed with 47.2 percent of voters in favor and 52.8 percent
of voters against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug
offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor,
to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of
petty theft, was a misdemeanor. However, such crimes could also be charged as burglary,
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instead, if the shoplifter intended to shoplift upon entering the property, which could be
prosecuted as a felony and sentenced to up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
According to the California Department of Justice, larceny -theft increased by approximately 10.7
percent and shoplifting increased by approximately 11.7 percent statewide a year after
Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny -theft increased
by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that
same period of time.
Coupled with Special Directives issued by Los Angeles County District Attorney George
Gascon, including the elimination of pretrial bail for misdemeanor, non -serious felony, and non-
violent felony charges and automatically declining or dismissing several misdemeanor charges,
repeat offenders, which can be used as an indicator to measure how recently adopted policies
have impacted public safety, make up a significant portion of arrests in the Santa Clarita Valley.
Specifically, repeat offenders were over a third of all arrests made by the Santa Clarita Valley
Sheriff's Station in 2021. To provide greater detail on the severity of repeat offenders, two
individuals have been arrested more than 20 times and over 35 individuals have been arrested 10
or more times since March 2020 by the Santa Clarita Valley Sheriff's Station.
The recommendation to support Assembly Bill 1597 is consistent with the City of Santa Clarita
2022 Executive and Legislative Platform. Specifically, Component 2 under the "State" section
advises that the City Council, "Support legislative efforts to address the negative impacts of AB
109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement
with the appropriate tools to reduce criminal activity."
Assembly Bill 1597 was introduced on January 3, 2022, and referred to the Assembly Committee
on Public Safety on January 14, 2022. This bill may be heard in the Committee beginning on
February 3, 2022.
The City Council Legislative Committee met on January 24, 2022, and recommends that the City
Council adopt a "support" position on Assembly Bill 1597.
ALTERNATIVE ACTION
1. Adopt an "oppose" position on Assembly Bill 1597.
2. Adopt a "neutral" position on Assembly Bill 1597.
3. Take no action on Assembly Bill 1597.
4. Refer Assembly Bill 1597 back to the Legislative Committee.
5. Other direction, as provided by the City Council.
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Assembly Bill 1597 - Bill Text
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5.a
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 1597
Introduced by Assembly Member Waldron
January 3, 2022
An act to amend Sections 459.5, 490.2, and 666 of the Penal Code,
relating to crime, and calling an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1597, as introduced, Waldron. Shoplifting: increased penalties
for prior crimes.
The existing 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, makes the theft of
property that does not exceed $950 in value petty theft, and makes that
crime punishable as a misdemeanor, with certain exceptions. The
initiative statute defines shoplifting as entering a commercial
establishment with the intent to commit larceny while that establishment
is open during regular hours, where the value of the property that is
taken or intended to be taken does not exceed $950. The initiative statute
requires that shoplifting be punished as a misdemeanor.
Existing law, as amended by Proposition 47, 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.
This bill would reinstate a provision of law that was repealed by
Proposition 47 that provides that a person who has been convicted 3 or
more times of petty theft, grand theft, or other specified crimes and who
is subsequently convicted of petty theft is subject to imprisonment in
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a county jail not exceeding one year or in a county jail for 18 months
or 2 or 3 years. The bill would also make this provision and the provision
relating to a person with serious, violent, or sexual prior offenses
applicable to a person whose prior or current conviction is for
shoplifting.
This bill would call a special election to be consolidated with the
November 8, 2022, statewide general election. This bill would require
the Secretary of State to submit the provisions of the bill that amend
the initiative statute to the electors for their approval at the November
8, 2022, consolidated election.
This bill would declare that it is to take effect immediately as an act
calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459.5 of the Penal Code is amended to
2 read:
3 459.5. (a) Notwithstanding Section 459, shoplifting is defined
4 as entering a commercial establishment with intent to commit
5 larceny while that establishment is open during regular business
6 hours, where the value of the property that is taken or intended to
7 be taken does not exceed nine hundred fifty dollars ($950). Any
8 other entry into a commercial establishment with intent to commit
9 larceny is burglary. Shoplifting shall be punished as a
10 misdemeanor, excepts as follows:
11 (1) A person with one or more prior convictions for an offense
12 specified in clause (iv) of subparagraph (C) of paragraph (2) of
13 subdivision (e) of Section 667 or for an offense requiring
14 registration pursuant to subdivision (c) of Section 290 may be
15 punished pursuant to subdivision (h) of Section 1170.
16 (2) A person who meets the requirements of subdivision (a) or
17 (b) of Section 666 may be punished pursuant to that section.
18 (b) Any act of shoplifting as defined in subdivision (a) shall be
19 charged as shoplifting.-NoA person who is charged with shoplifting
20 may not also be charged with burglary or theft of the same
21 property.
22 SEC. 2. Section 490.2 of the Penal Code is amended to read:
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1 490.2. (a) Notwithstanding Section 487 or any other provision
2 of law defining grand theft, obtaining any property by theft where
3 the value of the money, labor, real or personal property taken does
4 not exceed nine hundred fifty dollars ($950) shall be considered
5 petty theft and shall be punished as a misdemeanor, except 4-&I
6 sueh as follows:
7 (1) A person may instead be punished pursuant to subdivision
8 (h) of Section 1170 if that person has one or more prior convictions
9 for an offense specified in clause (iv) of subparagraph (C) of
10 paragraph (2) of subdivision (e) of Section 667 or for an offense
11 requiring registration pursuant to subdivision (c) of Section 290.
12 (2) A person who meets the requirements of subdivision (a) or
13 (b) of Section 666 may be punished pursuant to that section.
14 (b) This section shall not be appheable does not apply to any
15 theft that may be charged as an infraction pursuant to any other
16eia€ law.
17 (c) This sections does not apply to theft of a firearm.
18 SEC. 3. Section 666 of the Penal Code is amended to read:
19 666. (a) Notwithstanding Section 490, every person who,
20 having been convicted three or more times of petty theft,
21 shoplifting, grand theft, a conviction pursuant to subdivision (d)
22 or (e) of Section 368, auto theft under Section 10851 of the Vehicle
23 Code, burglary, carjacking, robbery, or a felony conviction of
24 Section 496 and having served a term thereof in any penal
25 institution or having been imprisoned therein as a condition of
26 probation for that offense, and who is subsequently convicted of
27 petty theft or shoplifting is punishable by imprisonment in a county
28 jail not exceeding one year, or imprisonment pursuant to
29 subdivision (h) of Section 1170.
30 (b) (1) Notwithstanding Section 490, any person described in
31 paragraph (2) who, having been convicted of petty
32 theft, shoplifting, grand theft, a conviction pursuant to subdivision
33 (d) or (e) of Section 368, auto theft under Section 10851 of the
34 Vehicle Code, burglary, carjacking, robbery, or a felony violation
35 of Section 496, and having served a term of imprisonment therefor
36 in any penal institution or having been imprisoned therein as a
37 condition of probation for that offense, and who is subsequently
38 convicted of petty -theft-, theft or shoplifting, is punishable by
39 imprisonment in the county jail not exceeding one year, or in the
40 state prison.
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1 (b) subdivision (a)
2 (2) Paragraph (1) shall apply to any person who is required to
3 register pursuant to the Sex Offender Registration Act, or who has
4 a prior violent or serious felony conviction, as specified in clause
5 (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
6 Section 667, or has a conviction pursuant to subdivision (d) or (e)
7 of Section 368.
8 (c) This section shall not be construed to preclude prosecution
9 or punishment pursuant to subdivisions (b) to (i), inclusive, of
10 Section 667, or Section 1170.12.
11 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe
12 Neighborhoods and Schools Act, Proposition 47, an initiative
13 statute, and shall become effective only when submitted to and
14 approved by the voters at a statewide election.
15 (b) A special election is hereby called, to be held throughout
16 the state on November 8, 2022, for approval by the voters of
17 Sections 1, 2, and 3 of this act. The special election shall be
18 consolidated with the statewide general election to be held on that
19 date. The consolidated election shall be held and conducted in all
20 respects as if there were only one election, and only one form of
21 ballot shall be used.
22 (c) Notwithstanding the requirements of Sections 9040, 9043,
23 9044, 9061, 9082, and 9094 of the Elections Code, or any other
24 law, the Secretary of State shall submit Sections 1, 2, and 3 of this
25 act to the voters for their approval at the November 8, 2022,
26 statewide general election.
27 SEC. 5. This act calls an election within the meaning ofArticle
28 IV of the California Constitution and shall go into immediate effect.
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