HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - AB 1603O
Agenda Item: 7
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 1603
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support
Assembly Bill 1603 (Salas) and transmit position statements to Assembly Member Salas, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom,
League of California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Assembly Member Rudy Salas (D-32-Bakersfield), Assembly Bill 1603 amends
Proposition 47 (2014) by reducing the threshold amount for petty theft and shoplifting from $950
to $400.
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 8, 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,
instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted
as a felony and sentenced up to three years in prison.
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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 1603 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 1603 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 1603.
ALTERNATIVE ACTION
1. Adopt an "oppose" position on Assembly Bill 1603.
2. Adopt a "neutral" position on Assembly Bill 1603.
3. Take no action on Assembly Bill 1603.
4. Refer Assembly Bill 1603 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 1603 - Bill Text
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7.a
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 1603
Introduced by Assembly Member Salas
January 3, 2022
An act to amend Sections 459.5, 487, and 490.2 of the Penal Code,
relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1603, as introduced, Salas. Theft: shoplifting: amount.
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, makes the theft of
money, labor, or property petty theft punishable as a misdemeanor,
whenever the value of the property taken does not exceed $950. Under
existing law, if the value of the property taken exceeds $950, the theft
is grand theft, punishable as a misdemeanor or a felony.
Proposition 47 requires shoplifting, defined as entering a commercial
establishment with the intent to commit larceny if the value of the
property taken does not exceed $950, to be punished as a misdemeanor.
Under existing law, entering a commercial establishment with the intent
to take property exceeding $950 is burglary, punishable as a
misdemeanor or a felony.
This bill would amend Proposition 47 by reducing the threshold
amount for petty theft and shoplifting from $950 to $400. The bill would
provide that it shall become effective only when submitted to, and
approved by, the voters of California.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
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AB 1603
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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 . four
hundred dollars ($400). Any other entry into a commercial
establishment with intent to commit larceny is burglary. Shoplifting
shall be punished as a misdemeanor, 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 act of shoplifting as defined in subdivision (a) shall be
charged as shoplifting. -No A person who is charged with shoplifting
may shall not also be charged with burglary or theft of the same
property.
SEC. 2. Section 487 of the Penal Code is amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken
is of a value exceeding , four
hundred dollars ($400), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed
in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
farm crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value
may be shown by the presentation of credible evidence which
establishes that on the day of the theft domestic fowls, avocados,
olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
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7.a
1 artichokes, or other farm crops of the same variety and weight
2 exceeded two hundred fifty dollars ($250) in wholesale value.
3 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
4 other aquacultural products are taken from a commercial or
5 research operation which is producing that product, of a value
6 exceeding two hundred fifty dollars ($250).
7 (3) Where the money, labor, or real or personal property is taken
8 by a servant, agent, or employee fromz their principal or
9 employer and aggregates four
10 hundred dollars ($400) or more in any1-2 eenseetrtive month
11 12-consecutive-month period.
12 (c) When the property is taken from the person of another.
13 (d) When the property taken is any of the following:
14 (1) An automobile.
15 (2) A firearm.
16 SEC. 3. Section 490.2 of the Penal Code is amended to read:
17 490.2. (a) Notwithstanding Section 487 or any other provision
18 of law defining grand theft, obtaining any property by theft where
19 the value of the money, labor, real or personal property taken does
20 not exceed four hundred dollars
21 ($400) shall be considered petty theft and shall be punished as a
22 misdemeanor, except that such person may instead be punished
23 pursuant to subdivision (h) of Section 1170 if that person has one
24 or more prior convictions for an offense specified in clause (iv) of
25 subparagraph (C) of paragraph (2) of subdivision (e) of Section
26 667 or for an offense requiring registration pursuant to subdivision
27 (c) of Section 290.
28 (b) This section shall not be applicable to any theft that may be
29 charged as an infraction pursuant to any other provision of law.
30 (c) This section shall not apply to theft of a firearm.
31 SEC. 4. The provisions of this bill affect an initiative statute
32 and shall become effective only when submitted to, and approved
33 by, the voters of California, pursuant to subdivision (c) of Section
34 10 of Article II of the California Constitution.
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