HomeMy WebLinkAbout2022-03-22 - AGENDA REPORTS - SB 1108 PROP 47 AMENDO
Agenda Item: 7
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�443
DATE: March 22, 2022
SUBJECT: STATE LEGISLATION: SENATE BILL 1108
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council support Senate Bill 1108 (Bates) and transmit position statements to Senator Bates,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, the League of California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Senator Patricia Bates (R-36-Laguna Niguel), Senate Bill 1108 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provision of state law was originally repealed with the passage of Proposition 47 (2014).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 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 47.19 percent in favor and 52.81 against.
Proposition 47 (2014) reduced penalties for certain 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, 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 twenty times and over thirty-five individuals have been
arrested ten or more times since March 2020 by Santa Clarita Valley Sheriff Deputies.
The City Council supported the companion bill to Senate Bill 1108, Assembly Bill 1597
(Waldron), at the February 8, 2022, regular City Council meeting.
Additionally, the recommendation to support Senate Bill 1108 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."
Senate Bill 1108 has a hearing scheduled in the Senate Public Safety Committee on March 29,
2022.
The City Council Legislative Committee met on March 8, 2022, and recommends that the City
Council adopt a "support" position on Senate Bill 1108.
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
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
Senate Bill 1108 - Bill Text
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SENATE BILL
Introduced by Senator Bates
February 16, 2022
No. 1108
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
SB 1108, as introduced, Bates. 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
a county jail not exceeding one year or in a county jail for 16 months
or 2 or 3 years. The bill would also make this provision and the provision
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SB 1108 —2—
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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, except that a person with otte or more prtor
11 eoiwietions for an offense speeified in elause (iv) of subparagmph
12 (G) of paragraph (2) of subdivision (e) of Seetion 667 or for a
13 offense requiring registration ptrsttant to subdivision (e) of Seeti
14 .
15 as follows:
16 (1) A person with one or more prior convictions for an offense
17 specified in clause (iv) of subparagraph (C) of paragraph (2) of
18 subdivision (e) of Section 667 or for an offense requiring
19 registration pursuant to subdivision (c) of Section 290 may be
20 punished pursuant to subdivision (h) of Section 1170.
21 (2) A person who meets the requirements of subdivision (a) or
22 (b) of Section 666 may be punished pursuant to that section.
23 (b) Any act of shoplifting as defined in subdivision (a) shall be
24 charged as shoplifting. -No A person who is charged with shoplifting
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—3— SB 1108
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1 may not also be charged with burglary or theft of the same
2 property.
3 SEC. 2. Section 490.2 of the Penal Code is amended to read:
4 490.2. (a) Notwithstanding Section 487 or any otherprovision
5 of law defining grand theft, obtaining any property by theft where
6 the value of the money, labor, real orpersonal property taken does
7 not exceed nine hundred fifty dollars ($950) shall be considered
8 petty theft and shall be punished as a misdemeanor, except as
9 follows:
10
11 defining grand theft, obtaining any property b!
12 , real or pef I y taken does not,
13 exeeed nine Itundred fifty dollars ($950) shall be eonsidered pet
14 theft and shall be ptmished as a misdemeanor,
15 (1) A person may instead be punished pursuant to subdivision
16 (h) of Section 1170 if that person has one or more prior convictions
17 for an offense specified in clause (iv) of subparagraph (C) of
18 paragraph (2) of subdivision (e) of Section 667 or for an offense
19 requiring registration pursuant to subdivision (c) of Section 290.
20 (2) A person who meets the requirements of subdivision (a) or
21 (b) of Section 666 may be punished pursuant to that section.
22 (b) This sections does not be applieabte apply to any theft
23 that may be charged as an infraction pursuant to any other rovtston
24 of law.
25 (c) This sections does not apply to theft of a firearm.
26 SEC. 3. Section 666 of the Penal Code is amended to read:
27 666. (a) Notwithstanding Section 490, every person who,
28 having been convicted three or more times of petty theft,
29 shoplifting, grand theft, a conviction pursuant to subdivision (d)
30 or (e) of Section 368, auto theft under Section 10851 of the Vehicle
31 Code, burglary, carjacking, robbery, or a felony conviction of
32 Section 496 and having served a term thereof in any penal
33 institution or having been imprisoned therein as a condition of
34 probation for that offense, and who is subsequently convicted of
35 petty theft or shoplifting is punishable by imprisonment in a county
36 jail not exceeding one year, or imprisonment pursuant to
37 subdivision (h) of Section 1170.
38 {aj
39 (b) (1) Notwithstanding Section 490, any person described in
40 paragraph (2) who, having been convicted of petty
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1 theft, shoplifting, grand theft, a conviction pursuant to subdivision
2 (d) or (e) of Section 368, auto theft under Section 10851 of the
3 Vehicle Code, burglary, carjacking, robbery, or a felony violation
4 of Section 496, and having served a term of imprisonment therefor
5 in any penal institution or having been imprisoned therein as a
6 condition of probation for that offense, and who is subsequently
7 convicted of petty theft or shoplifting, is punishable by
8 imprisonment in the county jail not exceeding one year, or in the
9 state prison.
10 (b)
11 (2) Paragraph (1) shall apply to any person
12 who is required to register pursuant to the Sex Offender
13 Registration Act, or who has a prior violent or serious felony
14 conviction, as specified in clause (iv) of subparagraph (C) of
15 paragraph (2) of subdivision (e) of Section 667, or has a conviction
16 pursuant to subdivision (d) or (e) of Section 368.
17 (c) This section shall not be construed to preclude prosecution
18 or punishment pursuant to subdivisions (b) to (i), inclusive, of
19 Section 667, or Section 1170.12.
20 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe
21 Neighborhoods and Schools Act, Proposition 47, an initiative
22 statute, and shall become effective only when submitted to and
23 approved by the voters at a statewide election.
24 (b) A special election is hereby called, to be held throughout
25 the state on November 8, 2022, for approval by the voters of
26 Sections 1, 2, and 3 of this act. The special election shall be
27 consolidated with the statewide general election to be held on that
28 date. The consolidated election shall be held and conducted in all
29 respects as if there were only one election, and only one form of
30 ballot shall be used.
31 (c) Notwithstanding the requirements of Sections 9040, 9043,
32 9044, 9061, 9082, and 9094 of the Elections Code, or any other
33 law, the Secretary of State shall submit Sections 1, 2, and 3 of this
34 act to the voters for their approval at the November 8, 2022,
35 statewide general election.
36 SEC. 5. This act calls an election within the meaning of Article
37 W of the California Constitution and shall go into immediate effect.
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